PEOPLE v. GOODMAN (2024)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kenneth C. Holder, J.), rendered July 15, 2020, as amended August 5, 2020, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment, as amended, is affirmed.

Contrary to the People's contention, the defendant's argument that the evidence supporting his conviction of assault in the second degree was legally insufficient based on the degree of the complainant's injuries is preserved for appellate review.  The defendant was not required to renew his motion to dismiss at the close of his case, since “his case did not supply any additional evidence of guilt” (People v. Murray, 163 AD3d 1000, 1001 [internal quotation marks omitted];  see People v. Soto, 8 AD3d 683).

Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish the defendant's guilt of assault in the second degree beyond a reasonable doubt.  Contrary to the defendant's contention, the evidence was legally sufficient to establish that the defendant intended to cause physical injury (see People v. Liyao Chen, 200 AD3d 1066, 1067).  The evidence was also legally sufficient to establish that the defendant caused the complainant substantial pain (see Penal Law §§ 120.05[2];  10.00[9];  People v. Jones, 206 AD3d 1292, 1294;  People v. Huddleston, 196 AD3d 1098, 1099;  People v. Brown, 95 AD3d 1229).

Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5];  People v. Danielson, 9 NY3d 342), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v. Mateo, 2 NY3d 383, 410;  People v. Bleakley, 69 N.Y.2d 490, 495).  Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 NY3d 633).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

BARROS, J.P., CHAMBERS, WOOTEN and WAN, JJ., concur.