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THE PEOPLE, res, v. JEAN BELIZAIR, A/K/A JEAN BELIZAIRE, def-app

15-114. THE PEOPLE, res, v. JEAN BELIZAIR, A/K/A JEAN BELIZAIRE, def-app — Judgment of conviction (Robert M. Mandelbaum, J.), rendered April 22, 2014, affirmed.

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15-114. THE PEOPLE, res, v. JEAN BELIZAIR, A/K/A JEAN BELIZAIRE, def-app — Judgment of conviction (Robert M. Mandelbaum, J.), rendered April 22, 2014, affirmed.

The verdict convicting defendant of attempted assault in the third degree (see Penal Law §§110.00, 120.00[1]) and harassment in the second degree (see Penal Law §240.26[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. The evidence warranted the conclusion that when defendant punched complainant in the face, head and neck, before throwing the complainant to the ground, kicking his face, head and neck, and stomping his foot, defendant did so with the intent to cause physical injury to the complainant (see Penal Law §120.00[1]; Matter of Edward H., 61 AD3d 473 [2009]; Matter of Marcel F., 233 AD2d 442, 442-443 [1996]) and with the intent to harass, annoy and alarm (see Penal Law §240.26; People v. Mack, 76 AD3d 467, 468 [2010], lv denied 15 NY3d 922 [2010]).

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