| People v Doumbia |
| 2010 NY Slip Op 05870 [75 AD3d 422] |
| July 1, 2010 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Modibo Doumbia, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Philip Morrow of counsel), forrespondent.
Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered July 16, 2009, asamended August 14, 2009, convicting defendant, after a jury trial, of assault in the seconddegree, and sentencing him to a term of two years, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of theevidence. There is no basis for disturbing the jury's determinations concerning credibility. Thetestimony of the victim and other witnesses clearly established the extent of the victim's injuries,and that they were inflicted by defendant.
Defendant did not preserve his claim that the prosecutor violated the court'sSandoval ruling, or his related claim regarding rebuttal evidence, and we decline toreview them in the interest of justice. As an alternative holding, we find that defendant openedthe door to the cross-examination and rebuttal evidence at issue (see People v Fardan, 82NY2d 638, 646 [1993]; People v Melendez, 55 NY2d 445, 451-452 [1982]).
Since defendant received the minimum sentence permitted by law, and there is no "legallyauthorized lesser sentence," this Court has no authority to reduce the sentence as a matter ofdiscretion in the interest of justice (CPL 470.20 [6]). Concur—Mazzarelli, J.P., Renwick,Freedman, Richter and Abdus-Salaam, JJ.