People v. Harris

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2017-06-08
Citations: 2017 NY Slip Op 4552, 151 A.D.3d 490, 53 N.Y.S.3d 534
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Combined Opinion

Judgment, Supreme Court, New York County (Larry R.C. Stephen, J.), rendered November 12, 2010, convicting defendant, after a nonjury trial, of attempted assault in the third degree, and sentencing him to a term of 90 days, unanimously affirmed.

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 court’s credibility determinations. Evidence that defendant punched the victim in the head with such force that it caused a laceration and significant bleeding supports a finding that defendant intended to cause physical injury (see e.g. People v Lovenia V., 128 AD3d 537 [1st Dept 2015], lv denied 26 NY3d 931 [2015]).

Concur — Tom, J.P., Sweeny, Andrias, Moskowitz and Manzanet-Daniels, JJ.