People v. Wiener

—Judgment, Supreme Court, New York County (James Leff, J.), rendered January 2, 1996, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of 2V2 to 7V2 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis to disturb the jury’s determinations concerning credibility. There was ample evidence of defendant’s guilt of assault under a depraved indifference theory (Penal Law § 120.10 [3]). The evidence permitted a reasonable inference that when defendant…