| People v Buie |
| 2009 NY Slip Op 07947 [67 AD3d 432] |
| November 5, 2009 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Rochelle Buie, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Christos G. Yatrakis of counsel), forrespondent.
Judgment, Supreme Court, New York County (Robert Stolz, J.), rendered September 24,2007, convicting defendant, after a jury trial, of attempted assault in the second degree andmenacing in the second degree, and sentencing her to a term of six months, with five years'probation, unanimously affirmed.
The evidence was legally sufficient to establish that the liquid bleach defendant threw at thevictim was a dangerous instrument (see Penal Law § 10.00 [10], [13]). Despite theabsence of expert testimony, the jury could have reasonably concluded, from the victim'sinjuries, from the damage to a carpet and to the victim's clothing, and from its own knowledgeand experience regarding the properties of bleach (see e.g. Havas v Victory PaperStock Co., 49 NY2d 381, 386 [1980]), that the bleach was readily capable of causing seriousinjury such as disfiguring burns. Concur—Sweeny, J.P., Buckley, Catterson, Acosta andFreedman, JJ.