Opinion
1724
October 3, 2002.
Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered January 5, 1999, convicting defendant, after a nonjury trial, of attempted assault in the first degree, reckless endangerment in the first degree, assault in the third degree, resisting arrest, and killing or injuring a police animal, and sentencing him to concurrent terms of 3 to 6 years, 2 to 6 years, 1 year and 1 year and a consecutive term of 1 year, unanimously affirmed.
DAVID RONG, for respondent.
ROBIN NICHINSKY, for defendant-appellant.
Before: Williams, P.J., Tom, Mazzarelli, Sullivan, Gonzalez, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The court properly found that defendant's voluntary intoxication from sniffing paint thinner immediately prior to the incident did not negate his ability to form the specific intent required for each of his convictions of intentional crimes (see People v. Gonzalez, 211 A.D.2d 446, lv denied 85 N.Y.2d 938). The evidence established that defendant's actions were deliberate, persistent and aimed at the goal of avoiding apprehension by the police. With respect to the third-degree assault conviction, there was ample evidence to support the element of physical injury (see People v. Guidice, 83 N.Y.2d 630, 636). We have considered and rejected defendant's remaining arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.