PEOPLE v. ADOLPH

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Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Angelique ADOLPH, Defendant-Appellant.

Decided: November 21, 2002

NARDELLI, J.P., MAZZARELLI, SULLIVAN, ELLERIN, and MARLOW, JJ. Christopher Wilson, for Respondent. Adrienne Gantt, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered April 28, 2000, convicting defendant, after a nonjury trial, of assault in the second degree, and sentencing her to a term of 5 years probation, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672).   There is no basis for disturbing the court's credibility determinations concerning the resolution of conflicting testimony.   The credible evidence clearly disproved defendant's justification defense beyond a reasonable doubt.   Reckless assault (Penal Law § 15.05[3];  § 120.05 [4] ) was established by evidence that, during an altercation in a restaurant, defendant grabbed a coffee pot that she should have reasonably expected to contain hot liquid, and threw it at the victim, causing severe burns.

We perceive no basis for reducing the sentence.