PEOPLE v. COOPER (2008)

 On appeal from a judgment convicting him following a bench trial of, inter alia, assault in the second degree (Penal Law § 120.05 [1] ), defendant contends that the verdict is against the weight of the evidence with respect to his intent to cause serious physical injury.   We reject that contention (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).  “A defendant may be presumed to intend the natural and probable consequences of his actions ․, and [i]ntent may be inferred from the totality of conduct of the accused” (People v. Mahoney, 6 A.D.3d 1104, 1104, 776 N.Y.S.2d 402, lv. denied 3 N.Y.3d 660, 782 N.Y.S.2d 702, 816 N.E.2d 575 [internal quotation marks omitted] ).   Here, defendant conceded that he caused serious physical injury to the victim but denied that he intended to do so, relying on the fact that he had been drinking alcohol before the incident.   Eyewitnesses testified, however, that defendant knocked the victim to the floor of a porch and repeatedly kicked him in the face while wearing hiking boots.   Thus, it cannot be said that County Court failed to give the evidence the weight it should be accorded (see id. at 1104-1105, 776 N.Y.S.2d 402;  People v. Mike, 283 A.D.2d 989, 724 N.Y.S.2d 389, lv. denied 96 N.Y.2d 904, 730 N.Y.S.2d 802, 756 N.E.2d 90;  see generally Bleakley, 69 N.Y.2d at 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

MEMORANDUM: