| People v Bueno |
| 2010 NY Slip Op 02163 [71 AD3d 908] |
| March 16, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Christian Bueno, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Rhea A. Grob, andClifford Chance US, LLP [Tom Joksimovic], of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.),rendered December 18, 2007, convicting him of assault in the second degree, upon a jury verdict,and imposing sentence.
Ordered that the judgment is affirmed.
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 thedefendant's guilt of assault in the second degree beyond a reasonable doubt (see PenalLaw § 120.05 [3]; People vJenkins, 49 AD3d 780 [2008]). Moreover, in fulfilling our responsibility to conduct anindependent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342[2007]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d633 [2006]). Contrary to the defendant's arguments, there was sufficient circumstantialevidence from which a reasonable jury could infer that the defendant possessed the requisiteintent to prevent an emergency medical service technician from performing a lawful duty(see People v Townsend, 248 AD2d 811 [1998]). Covello, J.P., Miller, Dickerson andBelen, JJ., concur.