People v. Pusepa

135 A.D.3d 559, 22 N.Y.S.3d 846

Opinion

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered January 9, 2014, convicting defendant, after a jury trial, of attempted murder in the second degree and assault in the first degree, and sentencing her to concurrent terms of 8V2 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and 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, including both defendant’s act and the surrounding circumstances, supports a reasonable inference that defendant acted with homicidal intent when she stabbed the victim in the heart (see generally People v Getch, 50 NY2d 456, 465 [1980]). The evidence also refuted defendant’s justification defense.

We perceive no basis for reducing the sentence. Concur— Mazzarelli, J.P., Acosta, Andrias and Moskowitz, JJ.