Opinion
KA 02-01083
June 13, 2003.
Appeal from a judgment of Livingston County Court (Alonzo, J.), entered November 8, 2001, convicting defendant after a jury trial of, inter alia, assault in the second degree.
JOHN E. TYO, SHORTSVILLE, FOR DEFENDANT-APPELLANT.
THOMAS E. MORAN, DISTRICT ATTORNEY, GENESEO (ERIC R. SCHIENER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting her following a jury trial of assault in the second degree (Penal Law 120.05) and endangering the welfare of a child (260.10 [1]). Contrary to defendant's contention, the conviction is supported by legally sufficient evidence and the verdict is not against the weight of the evidence ( see generally People v. Bleakley, 69 N.Y.2d 490, 495). The People presented evidence at trial that defendant ordered her five-year-old son to drink household bleach as a punishment for failing to clean his room, and it is well settled that a defendant's intent to cause physical injury to the victim may be inferred from defendant's conduct and the surrounding circumstances ( see People v Amin, 294 A.D.2d 863, lv denied 98 N.Y.2d 672, 674; People v. Scavone, 284 A.D.2d 928, 929, lv denied 96 N.Y.2d 942; see also People v. Mike, 283 A.D.2d 989, lv denied 96 N.Y.2d 904). Contrary to defendant's further contention, the sentence is neither unduly harsh nor severe. We have examined defendant's remaining contention and conclude that it is lacking in merit.