| People v Richardson |
| 2012 NY Slip Op 04233 [95 AD3d 791] |
| May 31, 2012 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Dewayne Richardson, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (John B.F. Martin of counsel), forrespondent.
Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered December1, 2009, convicting defendant, after a jury trial, of assault in the second degree, and sentencinghim, as a second violent felony offender, to a term of seven years, unanimously affirmed.
The court properly determined that there was no reasonable view of the evidence, viewed inthe light most favorable to defendant, to support the submission of a charge on the justificationdefense (see People v Reynoso, 73 NY2d 816 [1988]; People v Watts, 57 NY2d299 [1982]). Defendant was observed repeatedly stomping the victim's head and chest with hisheavy boots, while the victim was on the ground covered in blood. Under the circumstances,defendant's boots constituted a dangerous instrument within the meaning of Penal Law §10.00 [13]; see People v Carter, 53 NY2d 113, 116-117 [1981]), and his conduct, whichcaused the victim to sustain significant injuries, constituted deadly physical force within themeaning of Penal Law § 10.00 (11). Moreover, the evidence showed that defendant had anopportunity to safely retreat while the victim was lying on the ground (see People v Taylor, 92 AD3d 556[2012]; People v Mayorquin, 30AD3d 317 [2006], lv denied 7 NY3d 850 [2006]).
We perceive no basis for reducing the sentence. Concur—Tom, J.P., Andrias, Saxe,Moskowitz and Acosta, JJ.