← Cases

People v. Harris

151 A.D.3d 490 Court N.Y. App. Div. Decision date 2017-06-08 English

Judges Concur — Tom, J.P., Sweeny, Andrias, Moskowitz and Manzanet-Daniels, JJ.

Contents

Majority

p. 490
The People of the State of New York, Respondent, v Louis Harris, Appellant.
[53 NYS3d 534]

Judgment, Supreme Court, New York County (Larry R.C. Stephen, J.), rendered November 12, 2010, convicting defendant, after a nonjury trial, of attempted assault in the third degree, and sentencing him to a term of 90 days, unanimously affirmed.

The verdict 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 credibility determinations. Evidence that defendant punched the victim in the head with such force that it caused a laceration and significant bleeding supports a finding that defendant intended to cause physical injury (see e.g. People v Lovenia V., 128 AD3d 537 [1st Dept 2015], lv denied 26 NY3d 931 [2015]).

Concur — Tom, J.P., Sweeny, Andrias, Moskowitz and Manzanet-Daniels, JJ.

Cases cited