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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SABRINA GUNTER, DEFENDANT–APPELLANT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her upon a jury verdict of assault in the second degree (Penal Law § 120.05[2] ) and burglary in the second degree (§ 140.25[2] ). Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v. Danielson, 9 NY3d 342, 349), we reject defendant's contention that the verdict is against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495). The testimony of the victim and an eyewitness, combined with the compelling physical evidence recovered from defendant's apartment and the testimony of the witnesses with respect to defendant's conduct before and after the incident, amply supports the jury's verdict. The jury was entitled to credit the testimony of the victim and the eyewitness and reject that of defendant (see generally People v. Baker, 30 AD3d 1102, 1103, lv. denied 7 NY3d 846; People v. Smith, 278 A.D.2d 837, 837, lv. denied 96 N.Y.2d 835). Contrary to defendant's further contention, the sentence is not unduly harsh or severe.
Frances E. Cafarell
Clerk of the Court
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Docket No: KA 12–00715
Decided: September 27, 2013
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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