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People v. DeSantis

Supreme Court of New York, Second Department

May 29, 2013

The People of the State of New York, respondent,
v.
Lawrence DeSantis, appellant. Ind. No. 201/10

Lynn W. L. Fahey, New York, N.Y. (Leila Hull of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Deborah Wassel of counsel), for respondent.

WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, SANDRA L. SGROI, ROBERT J. MILLER, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Griffin, J.), rendered February 14, 2011, convicting him of assault in the second degree and criminal mischief in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that his conviction of assault in the second degree should be reversed since the evidence of "[p]hysical injury" (Penal Law § 10.00[9]) was legally insufficient. That contention is unpreserved for appellate review (see CPL 470.05[2]; People v Hawkins, 11 N.Y.3d 484, 492). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish that the complainant sustained a physical injury (see Penal Law § 10.00[9]; People v Chiddick, 8 N.Y.3d 445, 447-448; People v Boucher, 97 A.D.3d 597; People v Dorce, 92 A.D.3d 692; People v Robinson, 75 A.D.3d 567; People v Williams, 69 A.D.3d 662, 662-663; People v Sheppard, 202 A.D.2d 701, 702; People v Daniels, 199 A.D.2d 332; People v Maturevitz, 149 A.D.2d 908, 909; People v Williams, 112 A.D.2d 176, 176-177).

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 N.Y.3d 342), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 N.Y.3d 383, cert denied 542 U.S. 946; People v Bleakley, 69 N.Y.2d 490, 495). Upon reviewing the record here, we are satisfied that the verdict of guilt as to assault in the second degree was not against the weight of the evidence (see People v Romero, 7 N.Y.3d 633; People v Boucher, 97 A.D.3d at 597; People v Daniels, 199 A.D.2d 332; People v Dorce, 92 A.D.3d 692; People v Robinson, 75 A.D.3d 567).

MASTRO, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.


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