Appellate Division of the Supreme Court of New York, 2011

People v. Ryer

People v. Ryer
Appellate Division of the Supreme Court of New York · Decided November 17, 2011
89 A.D.3d 551; 932 N.Y.2d 694
People v. Ryer

Opinion of the Court

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Defendant’s intent to cause, at least, serious physical injury could be readily inferred from his actions (see People v Getch, 50 NY2d 456, 465 [1980]). Defendant inflicted a deep stab wound that perforated the victim’s kidney. The evidence does not support his assertion that he acted recklessly, or that he was attempting to defend himself.

We perceive no basis for reducing the sentence. Concur— Gonzalez, EJ., Tom, Catterson, Richter and Román, JJ.

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