People v Brown, 2023 NY Slip Op 00037 [212 AD3d 413]

January 5, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Donell Brown, Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Matthew W. Christiana of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Elizabeth T. Schmidt of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered January 9, 2019, convicting defendant, after a jury trial, of strangulation in the second degree and resisting arrest, and sentencing him, as a second felony offender, to an aggregate term of 3 1/2 years, unanimously affirmed.

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 credibility determinations, including its evaluation of any inconsistencies in the victim’s account. The victim’s testimony was corroborated by various evidence, and it supported the conclusion that she sustained a “loss of consciousness for any period of time, or any other physical injury or impairment” (Penal Law § 121.12).

We perceive no basis for reducing the sentence. Concur—Renwick, J.P., Gesmer, Kennedy, Scarpulla, Pitt-Burke, JJ..