People v. Gadson (Eric)

People v Gadson (

)



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<td align="center"><b>People v Gadson (Eric)</b></td>
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<td align="center">

 [

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<td align="center">Decided on February 18, 2025</td>
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<td align="center">Appellate Term, First Department</td>
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<td align="center">Published by New York State Law Reporting
Bureau pursuant to Judiciary Law § 431.</td>
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<td align="center">This opinion is uncorrected and will not be
published in the printed Official Reports.</td></tr>
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<br><br>

Decided on February 18, 2025
<br><div></div>SUPREME COURT, APPELLATE TERM, FIRST
DEPARTMENT

<br>PRESENT: Brigantti, J.P., James, Perez, JJ.



<br>570990/18

<br><br><div><b>The People of the State of New
York, Respondent,
<br><br>against<br><br>Eric Gadson,
Defendant-Appellant.</b></div><br><br>




<p>Defendant appeals from a judgment of the Criminal Court of the City of New York,
New York County (Laurie Peterson, J.), rendered September 26, 2018, after a nonjury
trial, convicting him of attempted assault in the third degree and harassment in the
second degree, and imposing sentence.</p>




<p><strong>Per Curiam.</strong></p>
<p>Judgment of conviction (Laurie Peterson, J.), rendered September 26, 2018,
affirmed.</p>
<p>The verdict convicting defendant of attempted assault in the third degree (<i>see</i>
Penal Law §§ 110.00, 120.00 [1]) was not against the weight of the evidence
(<i>see People v Danielson</i>, 

 [2007]). There is no basis for
disturbing the court's credibility determinations. The totality of the evidence regarding
events before, during and after the crime, supports the conclusion that defendant struck
the victim in the face with a closed fist, and that when defendant did so, he intended to
cause physical injury (<i>see
Matter of Edward H.</i>, 

 [2009]; <i>Matter of Marcel F.</i>, 

 [1996]). A defendant may be presumed to intend the natural and
probable consequences of his actions, and intent may be inferred from the totality of
conduct of the accused (<i>see
People v Mahoney</i>, 

 [2004], <i>lv denied </i>

 [2004];
<i>see generally People v Getch</i>, 

 [1980]).</p>
<p>THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.</p>
I concur I concur I concur<br>Decision Date: February 18, 2025


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