The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant was convicted of assault under a theory of recklessness (see Penal Law § 15.05 [3]; § 120.05 [4]). While driving with a blood alcohol level of nearly .08, defendant made an illegal turn into the island area separating the northbound and southbound sides of Park Avenue at a busy intersection crowded with vehicular and pedestrian traffic. Defendant...
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