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People v. Alvarado

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 16, 2010

THE PEOPLE OF THE STATE OF NEW YORK, IND. RESPONDENT,
v.
JIMMY ALVARADO, DEFENDANT-APPELLANT.

Judgment, Supreme Court, Bronx County (Barbara F. Newman, J.), rendered February 14, 2008, convicting defendant, after a non-jury trial, of assault in the second degree, reckless endangerment in the first degree, criminal possession of stolen property in the fourth degree and aggravated unlicensed operation of a motor vehicle in the third degree, and sentencing him, as a second felony offender, to an aggregate term of 5 years, 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.

Tom, J.P., Sweeny, Catterson, Moskowitz, DeGrasse, JJ.

3773/06

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]). There is no basis for disturbing the court's determinations concerning credibility and identification. Reliable evidence provided by police officers and a civilian witness established that defendant was the fleeing driver of a stolen car, and that he struck a police officer. The element of physical injury was properly established by the officer's testimony as to the level of pain he felt (see People v Guidice, 83 NY2d 630, 636 [1994]). Defendant's pattern of egregious conduct in this lengthy car chase supported the conclusion that he acted with the culpable mental state of depraved indifference to human life (see People v Feingold, 7 NY3d 288 [2006]; People v Mooney, 62 AD3d 725 [2009]).

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

20100316

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