PEOPLE v. REID (2018)

Judgment of conviction (Abena Darkeh, J.), rendered June 24, 2016, affirmed.

The accusatory instrument—comprising the misdemeanor complaint and domestic incident report signed by the arresting officer and the complainant—was not jurisdictionally defective. It charged all the elements of attempted third-degree assault (see Penal Law §§ 110.00, 120.00[1]). Defendant's intent to cause physical injury could be readily inferred from allegations that, during a domestic dispute, defendant “choked,” “hit” and “punch[ed]” complainant in the left and right eye, causing “bruising and swelling,” and that complainant “observed the defendant strike her with a closed fist [and] place both hands around her neck and apply pressure” (see Penal Law 120.00[1]; Matter of Edward H., 61 AD3d 473 [2009]). Contrary to defendant's contention, the absence of “threatening language” and the fact that both parties were drinking and arguing did not negate a finding that he acted with the requisite injurious intent (see People v. Waite, 2002 NY Slip Op. 50260[U] [App Term, 1st Dept 2002], lv denied.99 NY2d 540 [2002]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.