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People v Bawn (James)
2009 NY Slip Op 50912(U) [23 Misc 3d 138(A)]
Decided on May 11, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 11, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., TANENBAUM and SCHEINKMAN, JJ
2006-2089 OR CR.

The People of the State of New York, Respondent,

against

James R. Bawn, Appellant.


Appeal from a judgment of the Justice Court of the Town of Blooming Grove, Orange County (Daniel K. Brown, J.), rendered January 4, 2007. The judgment, after a nonjury trial, convicted defendant of assault in the third degree.


Judgment of conviction affirmed.

Upon a review of the record on appeal, we are of the opinion that the evidence, when viewed in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), was legally sufficient to establish defendant's guilt of assault in the third degree (Penal Law § 120.00). Moreover, giving much deference to the trial court's verdict, particularly with respect to its credibility determinations (see People v Lane, 7 NY3d 888, 890 [2006]; see also People v Romero, 7 NY3d 633, 644-645 [2006]), even as we conduct our own review of the evidence (see People v Danielson, 9 NY3d 342 [2007]), we find that the verdict was not against the weight of the evidence. In light of the testimony of the People's witnesses, the record is sufficient to support the Justice Court's determination.

Accordingly, the judgment of conviction is affirmed.

Rudolph, P.J., Tanenbaum and Scheinkman, JJ., concur.
Decision Date: May 11, 2009