People v. Gonzales
| Decision Date | 26 December 2012 |
| Parties | The PEOPLE, etc., respondent, v. Olban GONZALES, appellant. |
| Court | New York Supreme Court — Appellate Division |
101 A.D.3d 1149
956 N.Y.S.2d 555
2012 N.Y. Slip Op. 09084
The PEOPLE, etc., respondent,
v.
Olban GONZALES, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Dec. 26, 2012.
[956 N.Y.S.2d 556]
Leon H. Tracy, Jericho, N.Y., for appellant.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Laurie K. Gibbons of counsel), for respondent.
PETER B. SKELOS, J.P., L. PRISCILLA HALL, SHERI S. ROMAN, and JEFFREY A. COHEN, JJ.
[101 A.D.3d 1149]Appeal by the defendant from a judgment of the Supreme Court, Nassau County (McCormack, J.), rendered August 12, 2010, convicting him of murder in the second degree, attempted murder in the second degree (three counts), assault in the first degree (three counts), and criminal possession of a weapon in the second degree (four counts), upon a jury verdict, and sentencing him to an indeterminate term of imprisonment of 25 years to life on the conviction of murder in the second degree, determinate terms of imprisonment of 25 years, followed by a term of 5 years postrelease supervision, on the convictions of attempted murder in the second degree, to run consecutively with each other and with the conviction of murder in the second degree, and concurrently with all other counts, determinate terms of imprisonment of 25 years, followed by a term of 5 years postrelease supervision, on the convictions of assault in the first degree, to run consecutively with each other and with the conviction of murder in the second degree, and concurrently with all other counts, and determinate terms of imprisonment of 15 years, followed by a term of 5 years postrelease supervision, on the convictions of criminal possession of a weapon in the second degree, to run concurrently with each other and to all other counts.
[101 A.D.3d 1150]ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentences imposed upon the defendant's convictions on each count of attempted murder in the second degree and assault in the first degree from a determinate term of 25 years imprisonment to a determinate term of 18 years imprisonment; as so modified, the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon our independent review pursuant to...
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