PEOPLE v. IRIZARRY (2008)

Judgment, Supreme Court, Bronx County (Robert Sackett, J.), rendered November 16, 2004, convicting defendant, after a jury trial, of attempted murder in the second degree, assault in the first and second degrees, and criminal possession of a weapon in the fourth degree, and sentencing him, as a second violent felony offender, to concurrent terms of 12 years, 12 years, 6 years and 1 year, respectively, unanimously affirmed.

 The verdict was based on legally sufficient evidence and 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] ).   Defendant's homicidal intent could be readily inferred from his actions (see e.g. People v. Suero, 235 A.D.2d 357, 654 N.Y.S.2d 114 [1997], lv. denied 89 N.Y.2d 1101, 660 N.Y.S.2d 395, 682 N.E.2d 996 [1997] ), and we reject defendant's claim that certain testimony by prosecution witnesses undermined that inference.   The element of serious physical injury required for first-degree assault was satisfied by evidence that the victim's injuries resulted in permanent scarring, as well as a protracted impairment of his health that necessitated two separate hospitalizations.

 We perceive no basis for reducing the sentence.