| People v Flagg |
| 2009 NY Slip Op 00859 [59 AD3d 1003] |
| February 6, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v JauqereFlagg, Appellant. |
—[*1] William J. Fitzpatrick, District Attorney, Syracuse (Matthew H. James of counsel), forrespondent.
Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), renderedApril 6, 2006. The judgment convicted defendant, upon a jury verdict, of assault in the firstdegree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him as a juvenile offenderupon a jury verdict of assault in the first degree (Penal Law § 120.10 [1]). Viewing theevidence in light of the elements of the crime as charged to the jury (see People v Danielson, 9 NY3d342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence(see generally People v Bleakley, 69 NY2d 490, 495 [1987]). "Where, as here, witnesscredibility is of paramount importance to the determination of guilt or innocence, [we] must give'[g]reat deference . . . [to the] fact-finder's opportunity to view the witnesses, hearthe testimony and observe demeanor' " (People v Harris, 15 AD3d 966, 967 [2005], lv denied 4NY3d 831 [2005], quoting Bleakley, 69 NY2d at 495). It was for the jury to determinewhether to credit the victim's testimony, and we see no reason to disturb the jury's credibilitydetermination (see id.). The sentence is not unduly harsh or severe. We note, however,that the certificate of conviction incorrectly reflects that defendant was sentenced to anindeterminate term of incarceration of 3½ to 10 years, and it must therefore be amended toreflect that he was sentenced to an indeterminate term of incarceration of 3