The verdict 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 (see People v Gaimari, 176 N.Y. 84, 94 [1903]). Defendant was properly convicted of reckless assault (Penal Law § 120.00 [2]). The evidence supported the conclusion that when defendant threw the victim onto the floor he acted recklessly but without a specific intent to cause physical...
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