People v Bawn (George)

[*1] People v Bawn (George) 2009 NY Slip Op 50913(U) [23 Misc 3d 138(A)] Decided on May 11, 2009 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 11, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., TANENBAUM and SCHEINKMAN, JJ
2006-2091 OR CR.

The People of the State of New York, Respondent,

against

George T. Bawn, Appellant.

Appeal from judgments of the Justice Court of the Town of Blooming Grove, Orange County (Daniel K. Brown, J.), rendered December 7, 2006. The judgments, after a nonjury trial, convicted defendant of two charges of assault in the third degree.

Judgments of conviction affirmed.

Upon a review of the record on appeal, we are of the opinion that the evidence, when viewed in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), was legally sufficient to establish defendant's guilt of two charges of assault in the third degree (Penal Law § 120.00). Moreover, giving much deference to the trial court's verdict, particularly with respect to its credibility determinations (see People v Lane, 7 NY3d 888, 890 [2006]; see also People v Romero, 7 NY3d 633, 644-645 [2006]), even as we conduct our own review of the evidence (see People v Danielson, 9 NY3d 342 [2007]), we find that the verdict was not against the weight of the evidence. In light of the testimony of the People's witnesses, the record is sufficient to support the Justice Court's determination.

Accordingly, the judgments of conviction are affirmed.

Rudolph, P.J., Tanenbaum and Scheinkman, JJ., concur.
Decision Date: May 11, 2009