People v. Merzianu

The verdict was based on legally sufficient evidence and 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 determinations concerning credibility. Defendant was convicted of assault under a theory of recklessness (see Penal Law § 15.05 [3]; § 120.05 [4]), based on evidence establishing that he deliberately engaged in a course of highly dangerous risk-creating conduct. During rush hour at the busy intersection of York Avenue and East 60th Street, defendant’s car was behind several cars which were waiting…