PEOPLE v. DALY (2026)

Judgment, Supreme Court, New York County (Ann E. Scherzer, J.), rendered August 8, 2023, convicting defendant, after a jury trial, of attempted murder in the second degree, two counts of assault in the first degree, attempted robbery in the first degree, assault in the second degree, and attempted robbery in the second degree, and sentencing him, as a second violent felony offender, to an aggregate term of 16 years, unanimously affirmed.

The court providently exercised its discretion in admitting the surveillance videotape that was challenged by defendant on the grounds of lack of authentication (see People v Patterson, 93 NY2d 80, 84 [1999];  People v Davis, 201 AD3d 508, 509 [1st Dept 2022], lv denied 38 NY3d 1133 [2022] ).  The totality of the evidence, including the testimony of the officer who obtained that footage, and other video footage that was entered without objection which depicted events directly before and after the incident at issue, supported the inference that the contested video depicted the relevant events (see Davis, 201 AD3d at 509;  People v Houston, 181 AD3d 477, 478 [1st Dept 2020], lv denied 35 NY3d 1027, 1030 [2020] ).  “[A]ny alleged uncertainty [goes] to the weight to be accorded the evidence rather than its admissibility” (People v Mercedes, 172 AD3d 599, 601 [1st Dept 2019], lv denied 33 NY3d 1071 [2019] ).

We perceive no basis for reducing the sentence.