People v. Powell

Defendant challenges the legal sufficiency and weight of the evidence as to the elements of recklessness and serious physical injury (see Penal Law § 120.05 [4]). The evidence, when viewed in the light most favorable to the People (see People v Ramos, 19 NY3d 133, 136 [2012]; People v Santi, 3 NY3d 234, 246 [2004]), establishes that the victim, who had also been a patron of the event, saw the confrontation between defendant and the *1370drunken patron, approached them and intervened by pushing defendant away. A group of patrons then gathered at the scene and various witnesses testified that, as…