People v. Smiley

• Decision Date: 15 May 2019
• Docket Number: Ind. No. 1037–15,2016–07021
• Citation: 98 N.Y.S.3d 468 (Mem),172 A.D.3d 1107
• Parties: The PEOPLE, etc., Respondent, v. Antoine SMILEY, Appellant.
• Court: New York Supreme Court — Appellate Division

172 A.D.3d 1107
98 N.Y.S.3d 468 (Mem)

The PEOPLE, etc., Respondent,
v.
Antoine SMILEY, Appellant.

2016–07021
Ind. No. 1037–15

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

Argued—January 25, 2019
May 15, 2019

Laurette D. Mulry, Riverhead, N.Y. (Felice B. Milani of counsel), for appellant, and appellant pro se.

Timothy D. Sini, District Attorney, Riverhead, N.Y. (Elizabeth Miller of counsel), for respondent.

WILLIAM F. MASTRO, J.P., SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, JOSEPH J. MALTESE, JJ.

98 N.Y.S.3d 469

DECISION & ORDER

172 A.D.3d 1107

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (William J. Condon, J.), rendered June 2, 2016, convicting him of attempted assault in the first degree, assault in the second degree, aggravated criminal contempt (four counts), criminal contempt in the first degree (five counts), assault in the third degree (six counts), robbery in the second degree, criminal obstruction of breathing or blood circulation (three counts), criminal contempt in the second degree, criminal mischief in the fourth degree, and petit larceny, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant was charged with various crimes arising from assaults committed on several dates against his girlfriend, with whom he had a physically abusive relationship. Following a jury trial, he was convicted of 24 counts.

Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to establish, beyond a reasonable doubt, the defendant's guilt of attempted assault in the first degree, assault in the second degree, and robbery in the second degree, all relating to events that transpired on April 27, 2015, when the complainant was thrown out of a moving vehicle operated by the defendant (see Penal Law §§ 110, 120.05[2] ; 120.10[1]; 160.10[2][a] ). Moreover, in fulfilling our...