SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
October 1, 2010
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
DENNIS D. JONES, JR., DEFENDANT-APPELLANT.
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered August 8, 2006. The judgment convicted defendant, upon a jury verdict, of assault in the second degree.
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.
PRESENT: SMITH, J.P., FAHEY, SCONIERS, PINE, AND GORSKI, JJ.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Defendant appeals from a judgment convicting him, upon a jury verdict, of assault in the second degree (Penal Law § 120.05 ). Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349), we reject the contention of defendant that the verdict is against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495). "The jury was entitled to credit the testimony of [the victim and his father] rather than crediting the testimony of defendant denying that he had" assaulted the victim (People v Martin, 35 AD3d 1183, 1184-1185, lv denied 8 NY3d 924).
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