PEOPLE v. EDWARDS


16 A.D.3d 226 (2005)

792 N.Y.S.2d 394

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARREN EDWARDS, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 17, 2005.


The verdict convicting defendant of assault in the second degree was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility. The credible evidence established that defendant, using great force, kicked the fallen victim in the elbow, a vulnerable part of the body, causing dislocation and severe damage. This supported the conclusion that defendant's shoe constituted...

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