Opinion
(1076) KA 99-05206.
September 28, 2001.
(Appeal from Judgment of Niagara County Court, Hannigan, J. — Assault, 1st Degree.)
PRESENT: GREEN, J.P., SCUDDER, KEHOE, GORSKI AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him following a jury trial of assault in the first degree (Penal Law § 120.10) and criminal possession of a weapon in the third degree (Penal Law § 265.02). Contrary to defendant's contention, the conviction is supported by legally sufficient evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). The evidence, viewed in the light most favorable to the People ( see, People v. Contes, 60 N.Y.2d 620, 621), establishes that defendant acted with the intent to commit the crimes of which he was convicted. In addition, we conclude that the verdict is not against the weight of the evidence ( see, People v. Bleakley, supra, at 495). Finally, County Court properly admitted photographs depicting the victim's injuries ( see, People v. Stevens, 76 N.Y.2d 833, 836), and the sentence is neither unduly harsh nor severe.