The People, etc., respondent, v. Luis Ramos, appellant. (2011)

Argued-December 17, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano, Jr., J.), rendered April 22, 2009, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt of manslaughter in the first degree (see Penal Law § 125.20[1] ) beyond a reasonable doubt.   The defendant's intent to cause serious physical injury (see Penal Law § 10.00[10] ) may be inferred from his conduct and the surrounding circumstances (see People v. Bracey, 41 N.Y.2d 296, 303;  People v. Spurgeon, 63 AD3d 863;  People v. Gumbs, 58 AD3d 641).   Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 NY3d 633).

The sentence imposed was not excessive (see CPL 470.15[2][c], [6][b];  470.20[6];  People v. Thompson, 60 N.Y.2d 513, 519;  People v. Suitte, 90 A.D.2d 80).

DILLON, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court