NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
November 5, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
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.
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, § ). 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 ), 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.
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