People v. Dietz

97 A.D.3d 692, 947 N.Y.2d 891

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: July 11, 2012
• Status: Published

Opinion

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to prove the defendant’s guilt beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). The evidence established that, when the defendant hit the complainant in the face with a bottle, he intended to cause serious physical injury and to disfigure the complainant seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body (see Penal Law § 120.10 [1], [2]). Moreover, the People disproved the defendant’s justification defense, since the evidence demonstrated that the defendant could not have reasonably believed that the complainant was using or was about to use deadly physical force on him (see Penal Law § 35.15 [2] [a]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Dillon, J.P., Belen, Austin and Sgroi, JJ., concur.