Opinion
May 10, 2000.
Appeal from Judgment of Onondaga County Court, Fahey, J. — Assault, 2nd Degree.
Judgment unanimously affirmed.
PRESENT: PIGOTT, JR., P. J., GREEN, WISNER AND SCUDDER, JJ.
Memorandum:
Defendant appeals from a judgment convicting him following a bench trial of assault in the second degree (Penal Law § 120.05). We reject defendant's contention that the verdict is against the weight of the evidence. Even assuming, arguendo, that a different result would not have been unreasonable, we conclude that County Court did not fail to give the evidence the weight it should be accorded ( see, People v. Bleakley, 69 N.Y.2d 490, 495). Although defendant had no prior criminal history, the sentence of incarceration of 2 to 4 years is not unduly harsh or severe in view of the brutality of the crime and the permanent injuries suffered by the victim.