| People v Britton |
| 2008 NY Slip Op 02856 [49 AD3d 893] |
| March 25, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Brentnol A. Britton, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y.Brodt, and Ushir Pandit of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum,J.), rendered October 5, 2004, convicting him of attempted assault in the first degree, assault inthe second degree, and assault in the third degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the evidence convicting him of attempted assault inthe first degree and assault in the second degree was not legally insufficient due to a lack of proofof intent. In this case, the element of intent may be inferred from the commission of the act itself,as well as from the defendant's conduct and the surrounding circumstances (see People vBracey, 41 NY2d 296, 301 [1977]; People v Bryant, 39 AD3d 768 [2007]; Peoplev Persaud, 25 AD3d 626 [2006]). Viewing the evidence in the light most favorable to theprosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legallysufficient to establish that the defendant acted with the requisite intent in committing the offensesof which he was convicted. 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's remaining contentions are unpreserved for appellate review (see CPL470.05 [2]) and, in any event, are without merit. Mastro, J.P., Covello, Dickerson and Eng, JJ.,concur.