People v. Gelzer

2017 NY Slip Op 6992, 154 A.D.3d 449, 60 N.Y.S.3d 829

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 5, 2017
• Docket: 4611 4418/13
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered April 8, 2014, convicting defendant, after a jury trial, of assault in the second degree, and sentencing her to a term of five years’ probation, 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 evidence amply supported the conclusion that when defendant severely beat, kicked and stomped her 83-year-old mother, including the use of the mother’s walker as a weapon, defendant intended to cause physical injury and did not act in self-defense.

Concur — Acosta, P.J., Renwick, Webber, Oing and Moulton, JJ.