People v. Castro

163 A.D.2d 879, 559 N.Y.S.2d 832, 1990 N.Y. App. Div. LEXIS 9583

Opinion

Judgment unanimously affirmed. Memorandum: Viewing the evidence in the light most favorable to the prosecution, we conclude that defendant’s conviction of assault in the second degree (see, Penal Law § 120.05 [4]) is supported by legally sufficient evidence (see, People v Bleakley, 69 NY2d 490, 495). Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, People v Bleakley, supra, at 495). Finally, defendant’s sentence was not harsh and excessive. (Appeal from judgment of Monroe County Court, Connell, J.— assault, second degree.) Present—Doerr, J. P., Boomer, Law-ton, Davis and Lowery, JJ.