People v. Avila

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered November 16, 2012, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the verdict was against the weight of the evidence because the People failed to prove the requisite intent to cause physical injury by means of a deadly weapon or a dangerous instrument (see Penal Law § 120.05 [2]), and because the testimony of the complainant was not credible. In fulfilling our responsibility to conduct…