Opinion
2019–05387 Ind. No. 1469/17
06-09-2020
The PEOPLE, etc., Respondent, v. Robert SAVINETTI, Appellant.
Leon H. Tracy, Jericho, NY, for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (John B. Latella and Libbi L. Milher of counsel), for respondent.
Leon H. Tracy, Jericho, NY, for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (John B. Latella and Libbi L. Milher of counsel), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, ROBERT J. MILLER, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Nassau County (Terence P. Murphy, J.), rendered April 15, 2019, convicting him of reckless endangerment in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The defendant deliberately accelerated his vehicle as his girlfriend was running alongside it banging on the passenger side window and pulling on the door handle in an effort to get into the vehicle, thereby placing her at risk of being dragged or falling underneath the vehicle, which is exactly what happened. Contrary to the defendant's contention, such conduct evinced an awareness of, and conscious disregard of, a substantial and unjustifiable risk of serious physical injury to another person (see Penal Law §§ 120.20, 15.05[3] ; People v. Asaro, 21 N.Y.3d 677, 684, 976 N.Y.S.2d 10, 998 N.E.2d 810 ; People v. Usman, 181 A.D.2d 628, 582 N.Y.S.2d 105 ). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5] ; People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902 ).
BALKIN, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.