People v. Dunston

Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered July 11, 2012, convicting defendant, after a jury trial, of assault in the first degree, and sentencing her to a term of seven years, unanimously affirmed.

Defendant’s legal sufficiency claim is unpreserved, and we decline to review it in the interest of justice. As an alternative holding, we find that the verdict was based on legally sufficient evidence. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s…