The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis to disturb the jury's determinations concerning credibility. There was ample evidence of defendant's guilt of assault under a depraved indifference theory (Penal Law § 120.10 [3]). The evidence permitted a reasonable inference that when defendant struck the victim he did so with knowledge of the fact that she was sitting precariously on the ledge of...
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