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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS RAMOS, Appellant.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 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) beyond a reasonable doubt. The defendant's intent to cause serious physical injury ( see Penal Law § 10.00) may be inferred from his conduct and the surrounding circumstances ( see People v Bracey, 41 NY2d 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 [c]; [6] [b]; 470.20 [6]; People v Thompson, 60 NY2d 513, 519; People v Suitte, 90 AD2d 80).

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PEOPLE v. RAMOS
(Jan 18, 2011)