Opinion
October 26, 1995
Appeal from the Supreme Court, New York County (Richard Carruthers, J.).
The verdict was neither based on legally insufficient evidence nor was it against the weight of the evidence. The jury was certainly justified in accepting the complainant's version of the incident, which was corroborated by other witnesses, and rejecting defendant's unsupported alternative account. The act of biting off an ear lobe, as well as defendant's post-arrest statements, established defendant's intent to seriously and permanently disfigure the complainant ( see, People v. Mohammed, 162 A.D.2d 367, lv denied 76 N.Y.2d 861). We perceive no abuse of sentencing discretion.
Concur — Murphy, P.J., Sullivan, Rosenberger, Ross and Tom, JJ.