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People v. Buie

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


November 5, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ROCHELLE BUIE, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Robert Stolz, J.), rendered September 24, 2007, convicting defendant, after a jury trial, of attempted assault in the second degree and menacing in the second degree, and sentencing her to a term of 6 months, with 5 years' probation, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Sweeny, J.P., Buckley, Catterson, Acosta, Freedman, JJ.

1394/07

The evidence was legally sufficient to establish that the liquid bleach defendant threw at the victim was a dangerous instrument (see Penal Law § 10.00[10], § [13]). Despite the absence of expert testimony, the jury could have reasonably concluded, from the victim's injuries, from the damage to a carpet and to the victim's clothing, and from its own knowledge and experience regarding the properties of bleach (see e.g. Havas v Victory Paper Stock Co., 49 NY2d 381, 386 [1980]), that the bleach was readily capable of causing serious injury such as disfiguring burns.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091105

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