PEOPLE v. WARD (2020)

Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered December 8, 2014, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him to a term of two years, unanimously affirmed.

The verdict 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]). There is no basis for disturbing the jury's credibility determinations. The evidence supports inferences that defendant acted with the intent to prevent a police officer from performing a lawful duty and that he thereby caused physical injury to the officer.

The challenged portions of the prosecutor's summation generally constituted proper comment on the evidence and responses to defense arguments, and any possible improprieties were sufficiently addressed by the court's curative actions (see People v. Overlee, 236 A.D.2d 133, 666 N.Y.S.2d 572 [1st Dept. 1997], lv denied 91 N.Y.2d 976, 672 N.Y.S.2d 855, 695 N.E.2d 724 [1998]; People v. D'Alessandro, 184 A.D.2d 114, 118–120, 591 N.Y.S.2d 1001 [1st Dept. 1992], lv denied 81 N.Y.2d 884, 597 N.Y.S.2d 945, 613 N.E.2d 977 [1993]).