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<br><br><div align="center"><b><font size="+1">The People of the State of New York, Respondent,  

<br><br>against<br><br>Shawn Reid, Defendant-Appellant.</font></b></div><br><br> 

 

 

 

<p>Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Abena Darkeh, J.), rendered June 24, 2016, convicting him, upon a plea of guilty, of attempted assault in the third degree, and imposing sentence.</p> 

 

 

 

 

<p>Per Curiam.</p> 

<p>Judgment of conviction (Abena Darkeh, J.), rendered June 24, 2016, affirmed.</p> 

<p>The accusatory instrument - comprising the misdemeanor complaint and domestic incident report signed by the arresting officer and the complainant - was not jurisdictionally defective. It charged all the elements of attempted third-degree assault (<i>se</i>e Penal Law  110.00, 120.00[1]).  Defendant's intent to cause physical injury could be readily inferred from allegations that, during a domestic dispute, defendant "choked," "hit" and "punch[ed]" complainant in the left and right eye, causing "bruising and swelling," and that complainant "observed the defendant strike her with a closed fist [and] place both hands around her neck and apply pressure" (<i>see</i> Penal Law 120.00[1]; <i>Matter of Edward H</i>., 61 AD3d 473 [2009]). Contrary to defendant's contention, the absence of "threatening language" and the fact that both parties were drinking and arguing did not negate a finding that he acted with the requisite injurious intent (<i>see People v Waite</i>, 2002 NY Slip Op 50260[U] [App Term, 1st Dept 2002], <i>lv denied </i>99 NY2d 540 [2002]). </p> 

<p>THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.</p> 

<br>I concur I concur I concur 

<br>Decision Date: March 19, 2018 

 

 

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