The People of the State of New York, Respondent, v. Jonathan Ryer, Defendant–Appellant.

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Supreme Court, Appellate Division, First Department, New York.

The People of the State of New York, Respondent, v. Jonathan Ryer, Defendant–Appellant.

6058

Decided: November 17, 2011

Gonzalez, P.J., Tom, Catterson, Richter, Román, JJ. 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.

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Judgment, Supreme Court, New York County (Roger S. Hayes, J.), rendered 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 NY3d 342, 348–349 [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 [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.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK