Opinion
2013-09-27
The PEOPLE of the State of New York, Respondent, v. Sabrina GUNTER, Defendant–Appellant.
Appeal from a judgment of the Wayne County Court (Dennis M. Kehoe, J.), rendered July 19, 2011. The judgment convicted defendant, upon a jury verdict, of assault in the second degree and burglary in the second degree. Tyson Blue, Macedon, for Defendant–Appellant. Richard M. Healy, District Attorney, Lyons (David V. Shaw of Counsel), for Respondent.
Appeal from a judgment of the Wayne County Court (Dennis M. Kehoe, J.), rendered July 19, 2011. The judgment convicted defendant, upon a jury verdict, of assault in the second degree and burglary in the second degree.
Tyson Blue, Macedon, for Defendant–Appellant. Richard M. Healy, District Attorney, Lyons (David V. Shaw of Counsel), for Respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting her upon a jury verdict of assault in the second degree (Penal Law § 120.05[2] ) and burglary in the second degree (§ 140.25[2] ). Viewing the evidence in light of the elements of the crimes as charged to the jury ( see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1), we reject defendant's contention that the verdict is against the weight of the evidence ( see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). The testimony of the victim and an eyewitness, combined with the compelling physical evidence recovered from defendant's apartment and the testimony of the witnesses with respect to defendant's conduct before and after the incident, amply supports the jury's verdict. The jury was entitled to credit the testimony of the victim and the eyewitness and reject that of defendant ( see generally People v. Baker, 30 A.D.3d 1102, 1103, 817 N.Y.S.2d 793,lv. denied 7 N.Y.3d 846, 823 N.Y.S.2d 775, 857 N.E.2d 70;people v. smith, 278 a.d.2d 837, 837, 718 n.y.s.2D 777,lv. denied96 N.Y.2d 835, 729 N.Y.S.2d 456, 754 N.E.2d 216). Contrary to defendant's further contention, the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.