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People v. Bowler

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 21, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ROBERT BOWLER, DEFENDANT-APPELLANT.

Judgment, Supreme Court, Bronx County (John W. Carter, J.), rendered March 20, 2007, convicting defendant, after a jury trial, of assault in the first and third degrees, criminal trespass in the second degree and endangering the welfare of a child, and sentencing him to an aggregate term of 12 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Friedman, J.P., Sweeny, Catterson, Freedman, JJ.

1245/06

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's determinations concerning credibility. The evidence, including medical testimony regarding the victim's injuries, clearly established that the stabbing was intentional and not accidental.

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090421

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