Opinion
2302.
November 25, 2003.
Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered October 13, 2000, convicting defendant, after a nonjury trial, of assault in the second degree and criminal possession of a weapon in the fourth degree, and sentencing her to concurrent terms of 3 years and 1 year, respectively, unanimously affirmed.
Jonathan Zucker, for Respondent.
Jane Levitt, for Defendant-Appellant.
Before: Mazzarelli, J.P., Saxe, Williams, Lerner, Marlow, JJ.
The court's verdict, including its rejection of defendant's justification defense, was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility. There was extensive evidence supporting the element of serious physical injury required for a second-degree assault conviction under Penal Law § 120.05(4), including evidence that defendant stabbed the victim with a large kitchen knife in the abdomen, in the chest, and completely through her arm, causing significant blood loss and keloid scarring, requiring hospitalization (see People v. Gordon, 257 A.D.2d 533, lv denied 93 N.Y.2d 899; see also People v. Briggs, 285 A.D.2d 514, lv denied 97 N.Y.2d 679). Furthermore, the People disproved defendant's justification defense beyond a reasonable doubt (see People v. Goetz, 68 N.Y.2d 96).