People v King, 2021 NY Slip Op 03053 [194 AD3d 842]
May 12, 2021
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
Mark King, Appellant.
Paul Skip Laisure, New York, NY (Nao Terai and Patterson Belknap Webb & Tyler, LLP [Sara A. Arrow], of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Jill A. Gross-Marks of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Richard Buchter, J.), rendered January 29, 2019, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v Contes , 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of assault in the second degree beyond a reasonable doubt. Contrary to the defendant’s contention, the evidence adduced at trial was sufficient to establish that the victim sustained not only “physical injury” (Penal Law § 10.00 [9]), but also that the defendant caused the physical injury by means of a “dangerous instrument” by the manner in which he used his sneakers to stomp on and kick the victim’s head (Penal Law § 120.05 [2]; see People v Carter , 53 NY2d 113, 117 [1981]; People v Hunt , 135 AD3d 624 [2016]; People v Lev , 33 AD3d 362 [2006]; People v Hansen , 203 AD2d 588 [1994]). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see CPL 470.15 [5]; People v Danielson , 9 NY3d 342 , 348 [2007]), we nevertheless accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v Mateo , 2 NY3d 383, 410 [2004]). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15 [5]; People v Romero , 7 NY3d 633 [2006]).
The defendant’s remaining contention is without merit. Miller, J.P., LaSalle, Brathwaite Nelson and Christopher, JJ., concur..