People v Harrington
2013 NY Slip Op 07674 [111 AD3d 521]
November 19, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 25, 2013


The People of the State of New York, Respondent,
v
Denise Harrington, Appellant.

[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Anita Aboagye-Agyeman of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Teresa T. Lewi of counsel), for respondent.

Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered March 29, 2012, convicting defendant, after a jury trial, of assault in the second degree (two counts) and criminal possession of a weapon in the third degree, and sentencing her, as a second violent felony offender, to an aggregate term of six years, 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 jury's credibility determinations. The evidence supports the conclusion that the victim's arm wound caused "more than slight or trivial pain" (People v Chiddick, 8 NY3d 445, 447 [2007]), thus satisfying the physical injury element. Concur—Mazzarelli, J.P., Saxe, Moskowitz, DeGrasse and Gische, JJ.