Opinion
1745
October 7, 2003.
Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered March 28, 2001, convicting defendant, after a nonjury trial, of assault in the first degree, assault in the second degree (two counts), aggravated criminal contempt and criminal contempt in the first degree, and sentencing him to an aggregate term of 7 years, unanimously affirmed.
Willa Concannon, for respondent.
Robert S. Dean, for defendant-appellant.
Before: Saxe, J.P., Sullivan, Williams, Lerner, Friedman, JJ.
The verdict was based on legally sufficient evidence. The circumstantial evidence warranted the inference that defendant banged the victim's head against a wall or other hard surface, thereby inflicting a deep head laceration (see People v. Wilson, 240 A.D.2d 774, lv denied 90 N.Y.2d 899), and that this conduct constituted the use of a dangerous instrument ( see Penal Law § 10.00; People v. Galvin, 65 N.Y.2d 761).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.