Appellate Division of the Supreme Court of New York, 1990

People v. Castro

People v. Castro
Appellate Division of the Supreme Court of New York · Decided July 13, 1990
163 A.D.2d 879; 559 N.Y.S.2d 832; 1990 N.Y. App. Div. LEXIS 9583
People v. Castro

Opinion of the Court

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 *880weight 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.

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