Opinion
2012-07-11
The PEOPLE, etc., respondent, v. Kordian DIETZ, appellant.
Robert C. Mitchell, Riverhead, N.Y. (John M. Dowden of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (John M. Dowden of counsel), for appellant.Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Asher, J.), rendered June 30, 2010, convicting him of assault in the first degree, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to prove the defendant's guilt beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902). The evidence established that, when the defendant hit the complainant in the face with a bottle, he intended to cause serious physical injury and to disfigure the complainant seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body ( seePenal Law §§ 120.10[1], [2] ). Moreover, the People disproved the defendant's justification defense, since the evidencedemonstrated that the defendant could not have reasonably believed that the complainant was using or was about to use deadly physical force on him ( seePenal Law § 35.15 [2] [a] ).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).