Opinion
No. 571114/15
03-15-2024
The People of the State of New York, Respondent, v. Candido Mejia, Defendant-Appellant.
Unpublished Opinion
PRESENT: Tisch, J.P., James, Perez, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Gilbert C. Hong, J.), rendered October 28, 2015, after a nonjury trial, convicting him of attempted assault in the third degree and harassment in the second degree, and imposing sentence.
Judgment of conviction (Gilbert C. Hong, J.), rendered October 28, 2015, affirmed.
Defendant's claim that the evidence was legally insufficient to establish the intent elements of attempted assault in the third degree (see Penal Law §§ 110.00, 120.00[1]) and harassment in the second degree (see Penal Law § 240.26[1]) is unpreserved, and we decline to review it in the interest of justice. As an alternative holding, we reject the claim on the merits. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). There is no basis to disturb the court's determinations concerning credibility. The evidence, including the credited testimony of complainant and photographs of her injuries, supports the conclusion that defendant punched complainant in the eye twice as she lay in bed, scratched her neck and berated her, and that when he did so, he intended to cause physical injury (see Penal Law § 120.00[1]; Matter of Edward H., 61 A.D.3d 473 [2009]; Matter of Marcel F., 233 A.D.2d 442, 442-443 [1996]) and to harass, annoy or alarm (see People v Gordon, 23 N.Y.3d 643, 650 [2014]). Contrary to defendant's present argument, there was no evidence that he was so intoxicated as to be unable to form the requisite intent (see Penal Law § 15.25; People v Saavedra, 39 A.D.3d 316, 317 [2007], lv denied 9 N.Y.3d 850 [2007])