Opinion
Argued February 22, 2000.
April 3, 2000.
Appeal by the defendant from a judgment of the County Court, Nassau County (Galasso, J.), rendered April 30, 1998, convicting him of assault in the second degree and aggravated criminal contempt, upon a jury verdict, and imposing sentence.
Andrew E. MacAskill, Farmingdale, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Noreen Healey of counsel), for respondent.
WILLIAM D. FRIEDMANN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
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 ), we find that it is legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Specifically, the evidence established that the defendant, in violation of a duly-served order of protection, of which the defendant concededly had actual knowledge, recklessly caused physical injury to the complainant, for whose protection the order was issued (see, Penal Law § 215.52). The evidence was also sufficient to establish the defendant's guilt of assault in the second degree (see, Penal Law § 120.05[6]). Moreover, upon the exercise of our factual review power, we find that the verdict was not against the weight of the evidence (see, CPL 470.15[5]).
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).
The defendant's remaining contentions are without merit.