People v Irizarry

People v Irizarry 2008 NY Slip Op 04609 [51 AD3d 541] May 22, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 16, 2008

The People of the State of New York, Respondent,
v
Rene Irizarry, Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Mugambi Jouet of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Marc A. Sherman of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Robert Sackett, J.), rendered November 16, 2004, convicting defendant, after a jury trial, of attempted murder in the second degree, assault in the first and second degrees, and criminal possession of a weapon in the fourth degree, and sentencing him, as a second violent felony offender, to concurrent terms of 12 years, 12 years, 6 years and 1 year, respectively, unanimously 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]). Defendant's homicidal intent could be readily inferred from his actions (see e.g. People v Suero, 235 AD2d 357 [1997], lv denied 89 NY2d 1101 [1997]), and we reject defendant's claim that certain testimony by prosecution witnesses undermined that inference. The element of serious physical injury required for first-degree assault was satisfied by evidence that the victim's injuries resulted in permanent scarring, as well as a protracted impairment of his health that necessitated two separate hospitalizations.

We perceive no basis for reducing the sentence. Concur—Lippman, P.J., Andrias, Nardelli, Acosta and DeGrasse, JJ.