| People v Daniels (Erick) |
| 2005 NY Slip Op 52137(U) [10 Misc 3d 137(A)] |
| Decided on December 19, 2005 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Criminal Court of the City of New York, Kings County (John W. Carter, J.), rendered on December 7, 2004. The judgment convicted defendant, upon a jury verdict, of assault in the third degree.
Judgment of conviction unanimously affirmed.
Viewing the evidence in a light most favorable to the People (People v Contes, 60 NY2d 620 [1983]), we find that the People adduced legally sufficient evidence to prove the defendant guilty of assault in the third degree beyond a reasonable doubt. Contrary to defendant's contention, the physical injury sustained by the complainant was the natural consequence of defendant's act (see People v Thomas, 50 NY2d 467,
475 [1980]), and his intent can be inferred from the act itself (see People v Bracey, 41 NY2d 296, 301 [1977]). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see CPL 470.15 [5]).
Decision Date: December 19, 2005