| People v Hazare |
| 2013 NY Slip Op 02592 [105 AD3d 975] |
| April 17, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Anand Hazare, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, EllenC. Abbot, and Danielle S. Fenn of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Lasak, J.), rendered March 31, 2010, convicting him of assault in the first degree,manslaughter in the second degree, assault in the second degree, vehicular assault in thesecond degree, leaving the scene of an accident without reporting (two counts), andoperating a motor vehicle while under the influence of alcohol (two counts), upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the Supreme Court's charge to the jury on the"immediate flight" element of assault in the first degree (Penal Law § 120.10 [4])was incomplete is not preserved for appellate review (see CPL 470.05 [2]), andwe decline to reach it in the exercise of our interest of justice jurisdiction.
Viewing the evidence in the light most favorable to the prosecution, we find that itwas legally sufficient to establish the defendant's guilt of assault in the first degree(see People v Contes, 60 NY2d 620, 621 [1983]). Moreover, upon ourindependent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guiltwas not against the weight of the evidence (see People v Danielson, 9 NY3d 342 [2007]; People v Romero, 7 NY3d633 [2006]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Mastro, J.P., Lott, Austin and Sgroi, JJ., concur.