People v. Gambardella

• Decision Date: 31 July 2019
• Docket Number: 2016-08629,Docket No. 2015KN082591
• Parties: The PEOPLE, etc., Respondent, v. Lisa GAMBARDELLA, Appellant.
• Court: New York Supreme Court — Appellate Division

174 A.D.3d 921
103 N.Y.S.3d 314 (Mem)

The PEOPLE, etc., Respondent,
v.
Lisa GAMBARDELLA, Appellant.

2016-08629
Docket No. 2015KN082591

Supreme Court, Appellate Division, Second Department, New York.

Argued April 5, 2019
July 31, 2019

Paul Skip Laisure, New York, N.Y. (Sean Nuttall of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Rhea A. Grob, and Niki Bargueiras of counsel), for respondent.

MARK C. DILLON, J.P., ROBERT J. MILLER, SYLVIA O. HINDS–RADIX, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

103 N.Y.S.3d 315

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bruce M. Balter, J.), rendered August 11, 2016, convicting her of attempted assault in the third degree, after a nonjury trial, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant was charged, inter alia, with attempted assault in the third degree arising out of a physical altercation she had with her friend on December 26, 2015, in the storage facility of the apartment building where they both resided. After a nonjury trial, the defendant was convicted of attempted assault in the third degree.

Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902 ).

The Supreme Court did not err in precluding the defendant from calling a particular witness to testify (see People v. Bouton, 50 N.Y.2d 130, 139–140, 428 N.Y.S.2d 218, 405 N.E.2d 699 ).

DILLON, J.P., MILLER, HINDS–RADIX and CONNOLLY, JJ., concur.