Opinion
8969 Ind. 3806/10
04-11-2019
The PEOPLE of the State of New York, Respondent, v. Travis HUNT, Defendant–Appellant.
Christina A. Swarns, Office of the Appellate Defender, New York (Caitlin Glass of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Luis Morales of counsel), for respondent.
Christina A. Swarns, Office of the Appellate Defender, New York (Caitlin Glass of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Luis Morales of counsel), for respondent.
Acosta, P.J., Manzanet–Daniels, Tom, Oing, JJ.
Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered April 27, 2011, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him to a term of six months, with five years' probation, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's credibility determinations. The evidence, viewed as a whole, supported the conclusion that defendant was accessorially liable (see Penal Law § 20.00 ) for injuries inflicted by defendant's brother. The jury could have reasonably concluded that defendant assisted his brother by participating in the attack, while acting with a shared intent and community of purpose (see People v. Degraffenreid, 138 A.D.3d 456, 456–457, 29 N.Y.S.3d 301 [1st Dept. 2016], affd 29 N.Y.3d 935, 51 N.Y.S.3d 1, 73 N.E.3d 341 [2017] ; Matter of Tatiana N., 73 A.D.3d 186, 191, 899 N.Y.S.2d 21 [1st Dept. 2010] ).