People v. Briggman

Appellate Division of the Supreme Court of New York

People v. Briggman

137 A.D.3d 483, 26 N.Y.S.3d 464

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

DecidedMarch 8, 2016

Docket415 3109/11

StatusPublished

This text of 137 A.D.3d 483 (People v. Briggman) 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. Briggman, 137 A.D.3d 483, 26 N.Y.S.3d 464 (N.Y. Ct. App. 2016).

Pincite

Opinion

*484 Judgment, Supreme Court, New York County (Patricia Nunez, J.), rendered April 30, 2012, as amended July 13, 2012, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 18 years to life, unanimously affirmed.

The verdict 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]). The evidence supports an inference that the victim’s injuries were more than mere “petty slaps, shoves, kicks and the like” (Matter of Philip A., 49 NY2d 198, 200 [1980]), and that they caused “more than slight or trivial pain” (People v Chiddick, 8 NY3d 445, 447 [2007]; see also People v Guidice, 83 NY2d 630, 636 [1994]). Defendant punched the victim in the face with a closed fist, causing pain that required the use of ice and over-the-counter medication, disorientation, dizziness, blurred vision and eye irritation. She suffered these symptoms for approximately a week and photographs showed discoloration around her eye three days after the incident (see e.g. People v James, 2 AD3d 291 [1st Dept 2003], lv denied 2 NY3d 741 [2004]).

Concur—Friedman, J.P., Acosta, Renwick and Richter, JJ.

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

*484 Judgment, Supreme Court, New York County (Patricia Nunez, J.), rendered April 30, 2012, as amended July 13, 2012, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 18 years to life, unanimously affirmed.

The verdict 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]). The evidence supports an inference that the victim’s injuries were more than mere “petty slaps, shoves, kicks and the like” (Matter of Philip A., 49 NY2d 198, 200 [1980]), and that they caused “more than slight or trivial pain” (People v Chiddick, 8 NY3d 445, 447 [2007]; see also People v Guidice, 83 NY2d 630, 636 [1994]). Defendant punched the victim in the face with a closed fist, causing pain that required the use of ice and over-the-counter medication, disorientation, dizziness, blurred vision and eye irritation. She suffered these symptoms for approximately a week and photographs showed discoloration around her eye three days after the incident (see e.g. People v James, 2 AD3d 291 [1st Dept 2003], lv denied 2 NY3d 741 [2004]).

Concur—Friedman, J.P., Acosta, Renwick and Richter, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

137 A.D.3d 483, 26 N.Y.S.3d 464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-briggman-nyappdiv-2016.

Opinion

Related

Cite This Page — Counsel Stack