PEOPLE v. ARROYO (2018)

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, 348–49, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ).  There is no basis for disturbing the jury's credibility determinations.

The element of serious physical injury was established by evidence supporting an inference that the victim's injuries were life-threatening.  As a result of multiple stab wounds to his arm, wrist and torso, the victim was weak, fainting, losing and regaining consciousness, and experiencing dangerously low blood pressure upon admission to the hospital, which led to an emergency blood transfusion before his consent could be obtained and before all usual protocols could be followed.  The evidence thus warranted the conclusion that the injury created a substantial risk of death (see People v. Montimaire, 91 A.D.3d 436, 936 N.Y.S.2d 50 [1st Dept. 2012], lv denied 19 N.Y.3d 865, 947 N.Y.S.2d 414, 970 N.E.2d 437 [2012] );  People v. Irwin, 5 A.D.3d 1122, 774 N.Y.S.2d 237 [4th Dept. 2004], lv denied 3 N.Y.3d 642, 782 N.Y.S.2d 413, 816 N.E.2d 203 [2004] ).

The evidence also disproved defendant's justification defense beyond a reasonable doubt.  In the exercise of our factual review power, we find that the jury properly credited testimony that completely refuted defendant's claim of self-defense.

We perceive no basis for reducing the sentence.