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THE PEOPLE, res, v. CHRISTOPHER JENKINS, def-app

16-187. THE PEOPLE, res, v. CHRISTOPHER JENKINS, def-app — Judgment of conviction (Gilbert C. Hong, J.), rendered May 27, 2015, affirmed.

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16-187. THE PEOPLE, res, v. CHRISTOPHER JENKINS, def-app — Judgment of conviction (Gilbert C. Hong, J.), rendered May 27, 2015, affirmed.

The verdict convicting defendant of attempted assault in the third degree (see Penal Law §§110.00, 120.00[1]) was supported by 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 upon which to disturb the trial court’s determinations concerning credibility. Defendant’s intent to cause physical injury could be readily inferred from his act of throwing a punch in the direction of the police officer’s face and then punching the officer in the stomach (Penal Law 120.00[1]; Matter of Edward H., 61 AD3d 473, 473 [2009]). “The fact that the officer managed to avoid physical injury [to his face] does not preclude a finding that [defendant] attempted to inflict such injury” (see Matter of Marcel F., 233 AD2d 442, 442-443 [1996]). Nor did defendant’s struggle to avoid apprehension negate a finding that he acted with the requisite injurious intent (see People v. Waite, 2002 NY Slip Op 50260[U] [App Term, 1st Dept 2002], lv denied 99 NY2d 540 [2002]).

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