People v. Watkins , 19 N.Y.S.3d 889 ( 2015 )

People v Watkins (2015 NY Slip Op 08977)

People v Watkins

2015 NY Slip Op 08977

Decided on December 8, 2015

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 8, 2015
Tom, J.P., Friedman, Saxe, Gische, JJ.

16354 3991/10 5135/11

[*1] The People of the State of New York, Respondent,

v

Dennis Watkins, Defendant-Appellant.

Dennis Watkins, appellant pro se.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Judgment, Supreme Court, New York County (Patricia Nunez, J.), rendered July 5, 2012, convicting defendant, after a jury trial, of assault in the second degree (two counts), disorderly conduct (two counts) and resisting arrest, and sentencing him, as a second violent felony offender, to an aggregate term of five years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348—349 [2007]). There is no basis for disturbing the jury's credibility determinations. The evidence established each of the elements of the crimes charged. The record does not

support defendant's claim that he was experiencing a seizure during the incident; on the contrary, it demonstrated that he feigned a seizure.

We have considered and rejected defendant's remaining claims.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 8, 2015

CLERK