| People v Sidberry |
| 2012 NY Slip Op 06827 [99 AD3d 818] |
| October 10, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Usama Sidberry, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Diane R. Eisner, andOded Zaluski of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dwyer, J.),rendered August 17, 2010, 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 [1983]), we find that it was legally sufficient to establish his guilt ofassault in the second degree beyond a reasonable doubt (see Penal Law § 120.05[1]). Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied thatthe verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633[2006]). The evidence was sufficient to establish that the defendant repeatedly punched thevictim in the face and head, causing the victim's serious head injuries, and the defendant's intentto cause serious physical injury within the meaning of Penal Law § 10.00 (10) may beinferred from his conduct and the surrounding circumstances (see People v Ramos, 19 NY3d 133, 136 [2012]; People vBracey, 41 NY2d 296, 301 [1977]; People v Moore, 89 AD3d 769 [2011]; People v Spurgeon, 63 AD3d 863,864 [2009]; see also People v Seabrooks, 289 AD2d 515 [2001]).
The defendant's contention, in effect, that the verdict was repugnant because he was acquittedof manslaughter in the first degree in connection with the death of the victim, who died morethan two months after the assault, is unpreserved for appellate review (see People vSatloff, 56 NY2d 745, 746 [1982]; People v Shamsiddeen, 98 AD3d 694 [2012]; People v Tharpe, 92 AD3d 701,702 [2012]; People v Hicks, 88AD3d 817, 818 [2011]), and, in any event, without merit. Eng, P.J., Rivera, Hall and Sgroi,JJ., concur.