| People v McKeown |
| 2018 NY Slip Op 03205 [161 AD3d 422] |
| May 3, 2018 |
| 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 Jaime McKeown, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered January 27, 2016, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him to time served and five years' probation, 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. We note that the victim's testimony was corroborated by neutral witnesses. The evidence supports conclusions that defendant hit the victim on the head with a frying pan, and that the blow caused substantial pain (see People v Chiddick, 8 NY3d 445, 447 [2007]; People v Guidice, 83 NY2d 630, 636 [1994]), as well as a concussion resulting in an impairment of her physical condition. Concur—Acosta, P.J., Friedman, Manzanet-Daniels, Kapnick, Kern, JJ.