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PEOPLE, res, v. ANGEL GURITY a/k/a ANGEL GURIDY, def-ap

4072. PEOPLE, res, v. ANGEL GURITY a/k/a ANGEL GURIDY, def-ap — Law Office of John L. Calcagni III, Elmhurst (John L. Calcagni III of counsel), for ap — Darcel D. Clark, District Attorney, Bronx (Matthew B. White of counsel), for res — Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered April 3, 2014, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

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4072. PEOPLE, res, v. ANGEL GURITY a/k/a ANGEL GURIDY, def-ap — Law Office of John L. Calcagni III, Elmhurst (John L. Calcagni III of counsel), for ap — Darcel D. Clark, District Attorney, Bronx (Matthew B. White of counsel), for res — Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered April 3, 2014, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348-349 [2007]). In 2008, 15 years after the victim was found stabbed to death in her apartment, advanced DNA testing demonstrated that the semen found in her body was defendant’s. While expert testimony made clear that this evidence established only that defendant and the victim had engaged in sexual intercourse at some point within approximately three days of the homicide, and there was evidence of a brief prior relationship between defendant and the victim in the months leading up to the crime, the totality of the evidence established defendant’s guilt beyond a reasonable doubt.

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