People v Pacheco
2013 NY Slip Op 03420 [106 AD3d 485]
May 14, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 26, 2013


The People of the State of New York, Respondent,
v
Paul Pacheco, Appellant.

[*1] Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Beth Fisch Cohen of counsel), for respondent.

Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered October 21, 2011, convicting defendant, after a jury trial, of assault in the second degree and criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to concurrent terms of three years, and 2 to 4 years, respectively, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The evidence disproved defendant's justification defense beyond a reasonable doubt. There is no basis for disturbing the jury's credibility determinations. The testimony of a disinterested eyewitness generally corroborated the victim's account of the incident. Concur—Friedman, J.P., Richter, Feinman, Gische and Clark, JJ.