Opinion
October 4, 1994
Appeal from the Family Court, New York County (Mary Bednar, J.).
Viewing the evidence in the light most favorable to the presenting agency (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), a rational trier of fact could find beyond a reasonable doubt that appellant intended to cause injury to the victim by tapping, then slapping, then smacking and finally punching the victim, thus establishing the elements of attempted assault in the third degree. The evidence at the fact-finding hearing established beyond a reasonable doubt that appellant intended to use a lit cigarette against the victim and thus find that the elements of the offense of criminal possession of a weapon in the fourth degree have been proven.
We have considered appellant's other arguments and find them to be without merit.
Concur — Rosenberger, J.P., Wallach, Asch and Tom, JJ.