PEOPLE v. CRUZ

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

The PEOPLE, etc., Respondent, v. Karen CRUZ, Appellant.

Decided: January 25, 1999

GUY JAMES MANGANO, P.J., THOMAS R. SULLIVAN, ANITA R. FLORIO and LEO F. McGINITY, JJ. M. Sue Wycoff, New York, N.Y. (Andrew E. Abraham of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Jane S. Meyers, and Anastasia Cavanagh of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lewis, J.), rendered October 2, 1996, convicting her of assault in the second degree, after a nonjury trial, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence is legally insufficient to support her conviction is unpreserved for appellate review (see, CPL 470.05 [2];  People v. Udzinski, 146 A.D.2d 245, 250-252, 541 N.Y.S.2d 9).   In any event, viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant intended to cause physical injury to the victim when she threw scalding water upon her after an argument (see, Penal Law § 120.05[2] ).  Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15[5];  People v. Gaimari, 176 N.Y. 84, 94, 68 N.E. 112;  People v. Livingston, 184 A.D.2d 529, 530, 584 N.Y.S.2d 175).

MEMORANDUM BY THE COURT.

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