| People v Rodriguez |
| 2014 NY Slip Op 00460 [113 AD3d 553] |
| January 28, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Radhames Rodriguez, Appellant. |
—[*1]
Cyrus R. Vance, Jr., District Attorney, New York (James L. Kerwin of counsel), for
respondent.
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered June 19, 2012, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second felony offender, to a 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 jury could have reasonably concluded that when defendant beat the victim with the handle of a machete, resulting in multiple injuries, this object constituted a dangerous instrument under the circumstances in which it was used, within the meaning of Penal Law § 10.00 (13).
We perceive no basis for reducing the sentence. Concur—Acosta, J.P., Saxe, Moskowitz and Feinman, JJ.