| People v Mateo |
| 2010 NY Slip Op 01105 [70 AD3d 1331] |
| February 11, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Luis A.Mateo, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Leslie E. Swift of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (Dennis M. Kehoe, A.J.),rendered May 17, 2005. The judgment convicted defendant, upon a jury verdict, of assault in thethird degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon a jury verdict of assault inthe third degree (Penal Law § 120.00 [1]), defendant contends that the verdict is againstthe weight of the evidence because he was too intoxicated to have the requisite criminal intent tocommit the assault. "Although there was evidence at trial that defendant consumed a significantquantity of alcohol on the night of the incident, '[a]n intoxicated person can form the requisitecriminal intent to commit a crime, and it is for the trier of fact to decide if the extent of theintoxication acted to negate the element of intent' " (People v Felice, 45 AD3d 1442, 1443 [2007], lv denied 10NY3d 764 [2008]; see People vScott, 47 AD3d 1016, 1018 [2008], lv denied 10 NY3d 870 [2008]; People v LaGuerre, 29 AD3d 820,822 [2006], lv denied 7 NY3d 814 [2006]). Here, there is ample evidence in the record tosupport the verdict and, affording deference to the jury's credibility determinations, "we cannotsay that the jury improperly weighed the evidence in deciding in the People's favor the extent ofdefendant's intoxication" (Scott, 47 AD3d at 1019; see People v Massey, 45 AD3d 1044, 1046 [2007], lvdenied 9 NY3d 1036 [2008]). Viewing the evidence in light of the elements of the crime ofassault as charged to the jury (seePeople v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is notagainst the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495[1987]). Present—Smith, J.P., Peradotto, Carni, Pine and Gorski, JJ.