People v. Gamble

Judgment, Supreme Court, Bronx County (Edward M. Davidowitz, J.), rendered January 23, 2004, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second felony offender, to a term of 12 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The element of serious physical injury was satisfied by ample evidence leading to the conclusion that the gunshot wound inflicted by defendant was the sole cause, or at least a “sufficiently direct cause” (People v *295Kibbe, 35 NY2d 407, 413…