People v. Johnson

252 A.D.2d 351, 675 N.Y.S.2d 281, 1998 N.Y. App. Div. LEXIS 7898

Opinion

—Judgment, Supreme Court, New York County (John Bradley, J.), rendered October 2, 1995, convicting defendant, after a jury trial, of assault in the second degree and two counts of jostling, and sentencing her, as a second violent felony offender, to concurrent prison terms of 2V5 to 5 years, 1 year and 1 year, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). Issues concerning credibility and defendant’s intent to prevent a police officer from performing a lawful duty (Penal Law § 120.05 [3]) were properly placed before the jury, and we see no reason to disturb its determinations. There was ample evidence from which the jury could infer defendant’s knowledge that the victim was a police officer, as well as the requisite intent (People v Acosta, 80 NY2d 665).

The challenged portions of the prosecutor’s summation were for the most part directly responsive to defense counsel’s attack on the credibility of the police witnesses (see, People v Overlee, 236 AD2d 133), and there was no pattern of inflammatory remarks or egregious conduct warranting reversal (see, People v D’Alessandro, 184 AD2d 114, lv denied 81 NY2d 884). Concur — Sullivan, J. P., Milonas, Rubin, Williams and Andidas, JJ.