| People v Williams |
| 2012 NY Slip Op 03025 [94 AD3d 1452] |
| April 20, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Tarias D.Williams, Appellant. |
—[*1] Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (David D. Egan, J.),rendered August 8, 2008. The judgment convicted defendant, upon a jury verdict, of assault inthe second 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 second degree (Penal Law § 120.05 [1]), defendant contends that the evidence islegally insufficient to establish that he intended to cause serious physical injury to the 66-year-oldvictim. We reject that contention. The victim and another witness testified at trial that defendantrepeatedly punched the victim in the face while he was standing and after defendant had knockedhim to the ground. Further, defendant struck the victim with sufficient force to cause aretrobulbar hemorrhage, as well as a fracture of the orbit, complete displacement of the lens anddamage to the retina of the victim's right eye, which resulted in permanent partial loss of vision.Defendant is " 'presumed to intend the natural and probable consequences of his actions' " (People v Roman, 13 AD3d 1115,1116 [2004], lv denied 4 NY3d 802 [2005]), and the natural and probable consequence ofrepeatedly punching a defenseless man in the face is that he will sustain a serious physical injurywithin the meaning of Penal Law § 10.00 (10) (see People v Meacham, 84 AD3d 1713, 1714 [2011], lvdenied 17 NY3d 808 [2011]; People v Angelo M., 231 AD2d 925, 925-926 [1996],lv denied 89 NY2d 862 [1996], 89 NY2d 1087 [1997]).
The sentence is not unduly harsh or severe. Present—Centra, J.P., Peradotto, Sconiersand Martoche, JJ.