| People v Harris |
| 2008 NY Slip Op 01780 [48 AD3d 830] |
| February 26, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v AnnHarris, Also Known as Annette Harris, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Seth M. Lieberman,and Steven A. Mann of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.),rendered June 1, 2005, convicting her of assault in the second degree, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellatereview (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19 [1995]). In anyevent, viewing the evidence in the light most favorable to the prosecution (see People vContes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish that thedefendant, and not another participant in the altercation, caused physical injury to the victim witha dangerous instrument. Moreover, upon the exercise of our factual review power (seeCPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of theevidence (see People v Romero, 7 NY3d 633 [2006]).
The defendant failed to preserve for appellate review her contention that she was prejudicedby the court's failure to deliver a justification charge (see CPL 470.05 [2]; People vFord, 78 NY2d 878 [1991]; People v Kelly, 183 AD2d 784, 785 [1992]). In anyevent, since no reasonable view of the evidence would support a finding that the defendant'sactions were justified, the court was under no obligation to give a justification charge (seePeople v Watts, 57 NY2d 299, 301 [1982]; cf. People v Petty, 7 NY3d 277, 284[2006]; People v Fermin, 36 AD3d 934, 935 [2007]). The defendant's contention that shewas denied the effective assistance of trial counsel based upon her counsel's failure to request ajustification charge [*2]is without merit. Mastro, J.P., Florio,Miller and Dickerson, JJ., concur.