Torts · MBE-tested

The People of the State of New York, Respondent, v. Vali Gelzer, Appellant

154 A.D.3d 44960 N.Y.S.3d 829·New York Supreme Court, Appellate Division·2017·NY

Concur — Acosta, P.J., Renwick, Webber, Oing and Moulton, JJ.

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Opinion

The People of the State of New York, Respondent, v Vali Gelzer, Appellant. [60 NYS3d 829] [MAJORITY] Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered April 8, 2014, convicting defendant, after a jury trial, of assault in the second degree, and sentencing her to a term of five years’ probation, unanimously affirmed. The verdict 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 amply supported the conclusion that when defendant severely beat, kicked and stomped her 83-year-old mother, including the use of the mother’s walker as a weapon, defendant intended to cause physical injury and did not act in self-defense. Concur — Acosta, P.J., Renwick, Webber, Oing and Moulton, JJ.