Summary
finding that trial evidence was sufficient to establish intent to cause serious physical injury where defendant stabbed victim in the chest
Summary of this case from Conroy v. RacetteOpinion
2015-03-17
The PEOPLE of the State of New York, Respondent, v. Murdaline DASNEY, Defendant–Appellant.
Kirkland & Ellis, LLP, New York (Shireen Barday of counsel), and Scott A. Rosenberg, The Legal Aid Society, New York (Svetlana M. Kornfeind of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Frank A. Cavanagh of counsel), for respondent.
Kirkland & Ellis, LLP, New York (Shireen Barday of counsel), and Scott A. Rosenberg, The Legal Aid Society, New York (Svetlana M. Kornfeind of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Frank A. Cavanagh of counsel), for respondent.
TOM, J.P., FRIEDMAN, RENWICK, MANZANET–DANIELS, KAPNICK, JJ.
Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered October 22, 2012, convicting defendant, after a jury trial, of attempted assault in the first degree and assault in the second degree, and sentencing her to concurrent terms of five years and three years, respectively, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's credibility determinations. The evidence supports the conclusion that although intoxicated, defendant had the intent to cause serious physical injury when she stabbed the victim in the chest. The circumstances of the crime were indicative of a deliberate attack. Moreover, immediately after the stabbing defendant engaged in purposeful efforts to cover up the crime, which provided additional support for the conclusion that defendant's intoxication did not render her incapable of forming the requisite intent ( see e.g. People v. Sanchez, 298 A.D.2d 130, 747 N.Y.S.2d 759 [1st Dept.2002], lv. denied98 N.Y.2d 771, 752 N.Y.S.2d 12, 781 N.E.2d 924 [2002] ).
We perceive no basis for reducing the sentence.