| People v Campbell |
| 2011 NY Slip Op 02895 [83 AD3d 729] |
| April 5, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JamesCampbell, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Diane R. Eisner, andDavid Korngold of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.),rendered May 6, 2009, convicting him of assault in the second degree, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his intent tocause the complainant physical injury so as to support his conviction of assault in the seconddegree is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484,492 [2008]; People v Gray, 86 NY2d 10, 19 [1995]; People v Serrano, 74 AD3d 1104, 1105 [2010]). In any event,viewing the evidence in the light most favorable to the prosecution (see People v Contes,60 NY2d 620 [1983]), we find that it was legally sufficient to establish beyond a reasonabledoubt that the defendant intended to cause physical injury to the complainant and his guilt ofassault in the second degree (see Peoplev Persaud, 25 AD3d 626, 627 [2006]; People v Hansen, 267 AD2d 474 [1999];People v Cruz, 257 AD2d 664 [1999]). Moreover, upon our independent review pursuantto CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of theevidence (see People v Romero, 7NY3d 633 [2006]). Skelos, J.P., Eng, Austin and Cohen, JJ., concur.