People v Rodriguez

People v Rodriguez 2014 NY Slip Op 00460 Decided on January 28, 2014 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 January 28, 2014
Acosta, J.P., Saxe, Moskowitz, Feinman, JJ.
11592 4772/09

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

v

Radhames Rodriguez, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Robert S. Dean of counsel), for appellant.
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.

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

ENTERED: JANUARY 28, 2014

CLERK