PEOPLE v. CAMINO (2024)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Frank CAMINO, Defendant-Appellant.

570065 /18

Decided: June 21, 2024

PRESENT: Hagler, P.J., Tisch, James, JJ.

Judgment of conviction (Curtis Farber, J.), rendered December 13, 2017, affirmed.

The verdict was supported by legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's credibility determinations and its assessment of a video recording of the incident. The jury reasonably determined that defendant's attack, in which he sprayed the victim in the face with pepper spray while inside a diner, was not preceded by any conduct by the victim that would support a reasonable belief that the use of physical force against defendant was imminent (see People v Goetz, 68 NY2d 96, 114-115 [1986]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur

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