Opinion
2014-01-28
The PEOPLE of the State of New York, Respondent, v. Radhames RODRIGUEZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (James L. Kerwin of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (James L. Kerwin of counsel), for respondent.
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered June 19 2012, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second felony offender, to a term of six years, 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 jury could have reasonably concluded that when defendant beat the victim with the handle of a machete, resulting in multiple injuries, this object constituted a dangerous instrument under the circumstances in which it was used, within the meaning of Penal Law § 10.00(13).
We perceive no basis for reducing the sentence. ACOSTA, J.P., SAXE, MOSKOWITZ, FEINMAN, JJ., concur.