People v. Harris

• Decision Date: 08 June 2017
• Citation: 53 N.Y.S.3d 534 (Mem),151 A.D.3d 490
• Parties: The PEOPLE of the State of New York Respondent, v. Louis HARRIS, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

151 A.D.3d 490

53 N.Y.S.3d 534 (Mem)

The PEOPLE of the State of New York Respondent,

v.Louis HARRIS, Defendant–Appellant.

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

June 8, 2017.

Seymour W. James, Jr., The Legal Aid Society, New York (Adrienne Gantt of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), for respondent.

Judgment, Supreme Court, New York County (Larry R.C. Stephen, J.), rendered November 12, 2010, convicting defendant, after a nonjury trial, of attempted assault in the third degree, and sentencing him to a term of 90 days, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the court's credibility determinations. Evidence that defendant punched the victim in the head with such force that it caused a laceration and significant bleeding supports a finding that defendant intended to cause physical injury (see e.g. People v. Lovenia V., 128 A.D.3d 537, 8 N.Y.S.3d 560 [1st Dept.2015], lv. denied 26 N.Y.3d 931, 17 N.Y.S.3d 94, 38 N.E.3d 840 [2015] ).

TOM, J.P., SWEENY, ANDRIAS, MOSKOWITZ,...