Opinion
10-22-2015
The PEOPLE of the State of New York, Respondent, v. Tawana ANTHONY, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Allen Fallek of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Katarina Braafladt of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Allen Fallek of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Katarina Braafladt of counsel), for respondent.
Opinion Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered May 30, 2012, convicting defendant, after a jury trial, of assault in the first degree and criminal possession of a weapon in the third degree, and sentencing her to an aggregate term of 11 years, unanimously affirmed.
Defendant's legal sufficiency claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that 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 jury's credibility determinations. The evidence supports the conclusion that defendant personally cut the victim and was accessorially liable for the acts of her codefendant (see People v. Cabey, 85 N.Y.2d 417, 626 N.Y.S.2d 20, 649 N.E.2d 1164 [1995] ).
SWEENY, J.P., RENWICK, SAXE, GISCHE, JJ., concur.