Opinion
No. 570042/15
02-16-2023
People of the State of New York, Respondent, v. Juliana Diaz, Defendant-Appellant.
Unpublished Opinion
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Shawn T. Kelly, J.), rendered October 9, 2014, after a nonjury trial, convicting her of attempted assault in the third degree, harassment in the second degree and disorderly conduct, and imposing sentence.
PRESENT: Hagler, P.J., Tisch, James, JJ.
PER CURIAM.
Judgment of conviction (Shawn T. Kelly, J.), rendered October 9, 2014, affirmed.
The verdict convicting the defendant of attempted assault in the third degree (see Penal Law §§ 110.00, 120.00[1]) and harassment in the second degree (see Penal Law § 240.26[1]) was supported by legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). There is no basis for disturbing the court's credibility determinations, including its rejection of defendant's version of events. The evidence warranted the conclusion that when defendant grabbed the school safety agent and scratched her approximately six times, causing several bloody lacerations to the victim's chest, defendant did so with the intent to cause physical injury (see Penal Law § 120.00[1]; Matter of Edward H., 61 A.D.3d 473 [2009]; Matter of Marcel F., 233 A.D.2d 442, 442-443 [1996]), and with the intent to harass, annoy or alarm (see Penal Law § 240.26; People v Mack, 76 A.D.3d 467, 468 [2010] , lv denied 15 N.Y.3d 922 [2010]).