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PEOPLE, res, v. DEVON SINGLETON, def-ap

9015. PEOPLE, res, v. DEVON SINGLETON, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Sara Gurwitch of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (T. Charles Won of counsel), for res — Judgment, Supreme Court, Bronx County (Denis J. Boyle, J.), rendered March 10, 2008, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 16 years, unanimously affirmed.

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9015. PEOPLE, res, v. DEVON SINGLETON, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Sara Gurwitch of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (T. Charles Won of counsel), for res — Judgment, Supreme Court, Bronx County (Denis J. Boyle, J.), rendered March 10, 2008, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 16 years, unanimously affirmed.

Defendant’s legal sufficiency claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that 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 credibility determinations. The evidence clearly established defendant’s identity as the person who shot the victim, and there is no reasonable possibility that the actual assailant was a person who was seen running away with defendant after the shooting.

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