PEOPLE v. MOORE (2021)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Kleo MOORE, Appellant.

2019-1648 S CR

Decided: July 22, 2021

PRESENT: ELIZABETH H. EMERSON, J.P., JERRY GARGUILO, HELEN VOUTSINAS, JJ.

Suffolk County Legal Aid Society (Amanda E. Schaefer of counsel), for appellant. Suffolk County District Attorney (Elena Tomaro and Marion Tang of counsel), for respondent.

ORDERED that the judgment of conviction is affirmed.

Following a nonjury trial, defendant was convicted of assault in the third degree (Penal Law § 120.00 [1]), and sentence was imposed.

Viewing the evidence in a light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that there is a valid line of reasoning and permissible inferences from which a rational person could have found the elements of the crime of assault in the third degree proven beyond a reasonable doubt (see People v Danielson, 9 NY3d 342, 349 [2007]; People v Williams, 84 NY2d 925, 926 [1994]). The element of physical injury (see Penal Law § 120.00 [1]) was established by evidence that the complainant experienced substantial pain (see Penal Law § 10.00 [9]) when defendant pulled her hair, including the follicles, from her head during the altercation. Further, upon the exercise of our factual review power, we are satisfied that the guilty verdict was not against the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342; People v Romero, 7 NY3d 633 [2006]).

We find defendant's remaining contention, that the sentence was harsh and excessive, to be without merit.

Accordingly, the judgment of conviction is affirmed.

EMERSON, J.P., GARGUILO and VOUTSINAS, JJ., concur.

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