People v Natal

People v Natal 2012 NY Slip Op 07775 Decided on November 15, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 15, 2012
Friedman, J.P., Catterson, Renwick, DeGrasse, Román, JJ.
8588 4868/09

[*1]The People of the State of New York, Respondent,

v

Luis Natal, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Angie Louie of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Michelle W.
Cohen of counsel), for respondent.

Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered January 21, 2011, convicting defendant, after a bench trial, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 18 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to 15 years, and otherwise affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The evidence supported the trier of fact's determination that although intoxicated, defendant had the intent to cause serious physical injury when he stabbed the victim in the chest (see Penal Law § 15.25). Defendant's oral and videotaped postarrest statements, as well as the observations of the responding police officers, contradicted defendant's claim that he was so intoxicated that he was unable to form the requisite criminal intent (see generally People v Sirico, 17 NY3d 744, 746 [2011]).

We find the sentence excessive to the extent indicated.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 15, 2012

CLERK