Opinion
February 8, 1994
Appeal from the Family Court, New York County (Bruce Kaplan, J.).
Viewing the facts in the light most favorable to the presentment agency (see, People v. Acosta, 80 N.Y.2d 665, 672), the evidence clearly established that appellant intentionally attempted to cause physical injury to the executive director of the group home where she was a resident. The court reasonably credited the testimony of the executive director that appellant first expressed her intent to injure her physically when she threatened to "beat [her] up", "mess [her] up", and "kick [her]". Then, appellant lunged at her, threw a punch, and threw several kicks at her. One of these kicks struck the director, caused her pain, and required subsequent treatment.
Appellant's request that the court draw a negative inference against the presentment agency because of its failure to call two witnesses was untimely. In addition, the testimony of the witnesses would merely have been cumulative (see, People v Gonzalez, 68 N.Y.2d 424, 427).
Concur — Sullivan, J.P., Rosenberger, Kupferman and Ross, JJ.