Opinion
2014-09-17
The PEOPLE, etc., respondent, v. Robert G. FRANCE, appellant.
Andrew W. Sayegh, Yonkers, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (John J. Carmody and Richard L. Hecht of counsel), for respondent.
Andrew W. Sayegh, Yonkers, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (John J. Carmody and Richard L. Hecht of counsel), for respondent.
RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, JOSEPH J. MALTESE, and HECTOR D. LaSALLE, JJ.
Appeal by the defendant from a judgment of the County Court, Westchester County (Hubert, J.), rendered May 10, 2012, convicting him of assault in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the County Court erred in admitting into evidence a surveillance video depicting him beating the victim at the Metro North train station in White Plains is partially unpreserved for appellate review ( seeCPL 470.05[2]; People v. Meeks, 56 A.D.3d 800, 801, 868 N.Y.S.2d 287). In any event, the contention is without merit. The video was properly authenticated by the victim's testimony that it accurately captured the defendant's attack on the victim in the station waiting room ( see People v. Patterson, 93 N.Y.2d 80, 84, 688 N.Y.S.2d 101, 710 N.E.2d 665; People v. Ely, 68 N.Y.2d 520, 527, 510 N.Y.S.2d 532, 503 N.E.2d 88).
The defendant's further contention that the evidence was legally insufficient to establish that he intended to cause serious physical injury is unpreserved for appellate review ( see People v. Cabrera, 61 A.D.3d 884, 884–885, 877 N.Y.S.2d 213; People v. Dosunmu, 267 A.D.2d 320, 320, 699 N.Y.S.2d 896; People v. Camus, 255 A.D.2d 392, 392, 681 N.Y.S.2d 52). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant acted with intent to cause serious physical injury ( seePenal Law §§ 10.00[10]; 120.10[1]; People v. Dosunmu, 267 A.D.2d at 320, 699 N.Y.S.2d 896; People v. Cruz, 267 A.D.2d 319, 319, 699 N.Y.S.2d 889; People v. Camus, 255 A.D.2d 392, 681 N.Y.S.2d 52; People v. Martinez, 224 A.D.2d 254, 255, 637 N.Y.S.2d 698).