People v. Barker

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of assault in the second degree (Penal Law § 120.05 [7]) and sentencing him as a second felony offender to a determinate term of incarceration of six years. Contrary to defendant’s contention, the verdict is not against the weight of the evidence (see, People v Scavone, 284 AD2d 928, 929; People v Mike, 283 AD2d 989, lv denied 96 NY2d 904; see generally, People v Bleakley, 69 NY2d 490, 495). Given the brutality of the assault and defendant’s extensive history of violent criminal behavior, the sentence…