Opinion
2011-11-17
The PEOPLE of the State of New York, Respondent,v.Jonathan RYER, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Jonathan M. Kirshbaum of counsel), for appellant.Cyrus R. Vance, Jr., District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.
Judgment, Supreme Court, New York County (Roger S. Hayes, J.), rendered *695 March 19, 2010, convicting defendant, after a nonjury trial, of manslaughter in the first degree, and sentencing him to a term of 10 years, unanimously affirmed.
The verdict was not against the weight of the evidence ( see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). Defendant's intent to cause, at least, serious physical injury could be readily inferred from his actions ( see People v. Getch, 50 N.Y.2d 456, 465, 429 N.Y.S.2d 579, 407 N.E.2d 425 [1980] ). Defendant inflicted a deep stab wound that perforated the victim's kidney. The evidence does not support his assertion that he acted recklessly, or that he was attempting to defend himself.
We perceive no basis for reducing the sentence.
GONZALEZ, P.J., TOM, CATTERSON, RICHTER, ROMÁN, JJ., concur.