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PEOPLE v. SANTANA

40 A.D.3d 230 (2007)

835 N.Y.S.2d 144

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS SANTANA, Appellant.

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

Decided May 1, 2007.

The verdict was based on legally sufficient evidence. There is no basis for disturbing the jury's credibility determinations (see People v Bleakley, 69 N.Y.2d 490, 495 [1987]). Defendant was properly convicted of first-degree assault on the theory he caused serious physical injury in the course of and in furtherance of a felony (Penal Law § 120.10 [4]). The officer-victim sustained a disabling injury without recovering by the...

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