Opinion
November 9, 1998
Appeal from the County Court, Orange County (Berry, J.).
Ordered that the judgment is affirmed.
The defendant contends that his convictions of assault in the first degree and attempted assault in the first degree were unsupported by legally sufficient evidence of the intent to cause serious physical injury. We disagree. Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant intended to inflict serious physical injury. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence ( see, CPL 470.15).
The defendant's contention that the court's interested witness charge was erroneous is without merit ( see, People v. Smith, 240 A.D.2d 600; People v. Holly, 184 A.D.2d 581).
Ritter, J. P., Thompson, Santucci and Joy, JJ., concur.