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People v. Bueno

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


March 16, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
CHRISTIAN BUENO, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered December 18, 2007, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

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.

JOSEPH COVELLO, J.P., HOWARD MILLER, THOMAS A. DICKERSON and ARIEL E. BELEN, JJ.

(Ind. No. 11277/06)

DECISION & ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish the defendant's guilt of assault in the second degree beyond a reasonable doubt (see Penal Law § 120.05[3]; People v Jenkins, 49 AD3d 780). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5]; People v Danielson, 9 NY3d 342), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633). Contrary to the defendant's arguments, there was sufficient circumstantial evidence from which a reasonable jury could infer that the defendant possessed the requisite intent to prevent an emergency medical service technicican from performing a lawful duty (see People v Townsend, 248 AD2d 811).

COVELLO, J.P., MILLER, DICKERSON and BELEN, JJ., concur.

20100316

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