Opinion
Decided October 26, 2005.
Defendant appeals from a judgment of the Criminal Court, New York County, rendered May 12, 2003 after a nonjury trial (Analisa Torres, J.) convicting her of assault in the third degree (Penal Law § 120.00), and sentencing her to 30 days in jail.
Judgment of conviction rendered May 12, 2003 (Analisa Torres, J.) affirmed.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. PHYLLIS GANGEL-JACOB, Justices.
The verdict 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 ( see People v. Gaimari, 186 NY 84, 94). The evidence warranted the conclusion that when defendant struck the victim, knocked her to the ground and continued to hit her, she did so with the intent to cause physical injury ( see People v. Bracey, 41 NY2d 296). Furthermore, there was ample evidence that the victim, who suffered a concussion and required hospitalization, sustained the requisite physical injury ( see People v. Guidice, 83 NY2d 630, 636).
Inasmuch as defendant completed the sentence imposed, her argument that it was excessive is moot ( see People v. La Motte, 285 AD2d 814, 817).
This constitutes the decision and order of the court.