People v. Shannon

• Decision Date: 08 June 2000
• Citation: 708 N.Y.S.2d 199,273 A.D.2d 505
• Court: New York Supreme Court — Appellate Division
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>EMERY D. SHANNON, Also Known as ANTHONY THOMPSON, Also Known as DEON SHANNON, Appellant.

273 A.D.2d 505

708 N.Y.S.2d 199

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.EMERY D. SHANNON, Also Known as ANTHONY THOMPSON, Also Known as DEON SHANNON, Appellant.

Carpinello, J.

Decided June 8, 2000.

Cardona, P.J., Graffeo, Rose and Lahtinen, JJ., concur.

Carpinello, J.

Indicted on attempted assault in the first degree and assault in the second degree as a result of allegations that he attacked Michael Vandenberg outside a gas station on the evening of August 30, 1997, defendant was found guilty of the latter count following a jury trial. Sentenced as a second felony offender to a seven-year prison term, defendant appeals. Finding none of defendant's arguments in support of reversal persuasive, we affirm.

First, we reject defendant's claim that the verdict is against the weight of the evidence. At trial, Vandenberg testified that on the evening of August 30, 1997, after a brief encounter with defendant inside the gas station mini-mart during which the latter unsuccessfully demanded payment for previously supplied drugs, defendant approached him outside the store wielding a box cutter in his hand. Defendant again inquired about the money Vandenberg owed him. Vandenberg attempted to run away but slipped in the parking lot, at which point defendant slashed his head and back with the box cutter. Defendant also kicked Vandenberg in the mouth. During the entire attack, defendant repeatedly asked about the whereabouts of his money.

Vandenberg's testimony was corroborated in significant respects by a friend who witnessed the attack. Although Vandenberg and his friend at times testified in contradiction of previous testimony and each other, these alleged inconsistencies were explored in detail during cross-examination and during defense counsel's summation, as was each witness's prior criminal history. Notwithstanding, the jury obviously believed their testimony, making credibility determinations which are solely within their province (see, People v Hubert, 238 AD2d 745, 746, lvs denied 90 NY2d 859, 860). Upon the exercise of our own factual review power, we have no reason to disagree with this determination and are satisfied that the verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495).

With respect to defendant's specific claim that the People failed to prove that Vandenberg suffered a physical injury sufficient to support the assault in the second degree conviction, Vandenberg testified that he chipped two teeth as a result of being kicked in the mouth, sprained his ankle as a result of slipping in the parking lot and received sutures at the emergency room for the lacerations inflicted by the box cutter. Notably, the clerk in the store and the police officer who investigated the incident confirmed Vandenberg's injuries in some respects, i.e., each observed Vandenberg bleeding from the back of his head. The officer specifically observed Vandenberg's head wound, which he described as being two to three inches long and deep, and further observed the lacerations on his back, abrasions on his mouth and cracked teeth. Under these circumstances, the jury could reasonably conclude that Vandenberg...