People v Harrington

People v Harrington 2013 NY Slip Op 07674 Decided on November 19, 2013 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 19, 2013
Mazzarelli, J.P., Saxe, Moskowitz, DeGrasse, Gische, JJ.
11102 3407/11

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

v

Denise Harrington, Defendant-Appellant.




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.

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

ENTERED: NOVEMBER 19, 2013

CLERK