Opinion
2434
December 5, 2002.
Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered January 3, 2001, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of 18 years, unanimously affirmed.
Nhu P. Nguyen, for respondent.
Robert S. Dean, for defendant.
Before: TOM, J.P., MAZZARELLI, BUCKLEY, SULLIVAN, LERNER, JJ.
The verdict was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490). The evidence warranted the conclusion that defendant intended to cause serious physical injury, and the jury properly rejected his speculative alternate theories.
We perceive no basis to reduce the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.