People v. Angeles (Claudio)

• Court: Appellate Terms of the Supreme Court of New York
• Decided: October 25, 2016
• Docket: 2016 NYSlipOp 51549(U)
• Status: Published

Opinion

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<br><br><div align="center"><b><font size="+1">The People of the State of New York, Respondent,

<br><br>against<br><br>Claudio Angeles, Defendant-Appellant.</font></b></div><br><br>

<p>Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Anthony J. Ferrara, J.), rendered February 28, 2014, after a nonjury trial, convicting him of two counts of attempted assault in the third degree, and imposing sentence.</p>

<p>Per Curiam.</p>

<p>Judgment of conviction (Anthony J. Ferrara, J.), rendered February 28, 2014, affirmed.</p>

<p>The verdict convicting defendant of two counts of attempted assault in the third degree (<i>see </i>Penal Law  110.00/120.00[1]) was based on legally sufficient evidence and was not against the weight of the evidence (<a href="../2007/2007_09814.htm" target="_blank"><i>see People v Danielson</i>, 9 NY3d 342</a>, 348-349 [2007]). There is no basis for disturbing the court's determinations concerning credibility. Defendant's intent to physically injure the complainant could be readily inferred from the totality of his violent conduct (<a href="../2015/2015_02056.htm" target="_blank"><i>see Matter of Eugene D</i>., 126 AD3d 529</a>, 529 [2015]). In the first incident, defendant slapped complainant's face, grabbed her by the hair, pinned her on a bed with his body on top of her; and in the second incident, defendant grabbed complainant by her arms, pushed her backwards causing her head to hit a wall and slapped both sides of her face (<i>see Matter of Shaheed </i>W., 298 AD2d 204 [2002]; <i>Matter of Marcel F.</i>, 233 AD2d 442 [1996]; <a href="../2008/2008_50169.htm" target="_blank"><i>People v Jackson</i>, 18 Misc 3d 134</a>[A], 2008 NY Slip Op 50169[U] [App Term, 1st Dept 2008], <i>lv denied </i>10 NY3d 841 [2008]). </p>

<br>THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

<br>I concur I concur I concur

<br>Decision Date: October 25, 2016

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