People v. Black

Appellate Division of the Supreme Court of New York

People v. Black

2017 NY Slip Op 8469, 156 A.D.3d 413, 64 N.Y.S.3d 882, 2017 WL 6001737

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 5, 2017

Docket5115 3158/14 3462/14

StatusPublished

This text of 2017 NY Slip Op 8469 (People v. Black) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Black, 2017 NY Slip Op 8469, 156 A.D.3d 413, 64 N.Y.S.3d 882, 2017 WL 6001737 (N.Y. Ct. App. 2017).

Pincite

Opinion

Judgment, Supreme Court, New York County (Michael J. Obús, J.), rendered April 14, 2015, convicting defendant, after a jury trial, of burglary in the first degree and robbery in the second and third degrees, and sentencing him to an aggregate term of eight years, unanimously affirmed.

There was legally sufficient evidence to support the element of physical injury (see e.g. People v Medina, 139 AD3d 460, 460 [1st Dept 2016], lv denied 28 NY3d 933 [2016]). In a struggle over the victim’s phone, defendant slammed her against a wall and hurled her down a flight of stairs, causing bruises on her legs and face that were visible in photographs taken four days later. The victim also felt pain for several days while chewing her food. The statutory element of “substantial pain” may be satisfied by relatively minor injuries causing moderate, but “more than slight or trivial pain” (see People v Chiddick, 8 NY3d 445, 447 [2007]), even in the absence of any medical treatment (see People v Guidice, 83 NY2d 630, 636 [1994]).

Concur—Gische, J.P., Kapnick, Oing and Moulton, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Michael J. Obús, J.), rendered April 14, 2015, convicting defendant, after a jury trial, of burglary in the first degree and robbery in the second and third degrees, and sentencing him to an aggregate term of eight years, unanimously affirmed.

There was legally sufficient evidence to support the element of physical injury (see e.g. People v Medina, 139 AD3d 460, 460 [1st Dept 2016], lv denied 28 NY3d 933 [2016]). In a struggle over the victim’s phone, defendant slammed her against a wall and hurled her down a flight of stairs, causing bruises on her legs and face that were visible in photographs taken four days later. The victim also felt pain for several days while chewing her food. The statutory element of “substantial pain” may be satisfied by relatively minor injuries causing moderate, but “more than slight or trivial pain” (see People v Chiddick, 8 NY3d 445, 447 [2007]), even in the absence of any medical treatment (see People v Guidice, 83 NY2d 630, 636 [1994]).

Concur—Gische, J.P., Kapnick, Oing and Moulton, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

2017 NY Slip Op 8469, 156 A.D.3d 413, 64 N.Y.S.3d 882, 2017 WL 6001737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-black-nyappdiv-2017.

Opinion

Related

Cite This Page — Counsel Stack