People v. Broadwater

Appellate Division of the Supreme Court of New York

People v. Broadwater

259 A.D.2d 1053, 688 N.Y.S.2d 335, 1999 N.Y. App. Div. LEXIS 3505

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

DecidedMarch 31, 1999

StatusPublished

Cited by2 cases

This text of 259 A.D.2d 1053 (People v. Broadwater) 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. Broadwater, 259 A.D.2d 1053, 688 N.Y.S.2d 335, 1999 N.Y. App. Div. LEXIS 3505 (N.Y. Ct. App. 1999).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of robbery in the second degree (Penal Law § 160.10 [2] [a]). We reject defendant’s contention that the evidence is legally insufficient to establish that the victim sustained a physical injury within the meaning of Penal Law § 10.00 (9). The victim sustained a one-inch laceration to [1054]*1054his wrist that required medical attention and a jammed thumb that swelled and “hurt like hell” for several days, impeding his work (see, People v Sekoll, 254 AD2d 797). We further conclude that the verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Defendant’s contention that County Court erred in failing to give an adverse inference instruction is not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Onondaga County Court, Fahey, J. — Robbery, 2nd Degree.) Present — Pine, J. P., Hayes, Wisner, Hurlbutt and Scudder, JJ.

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Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of robbery in the second degree (Penal Law § 160.10 [2] [a]). We reject defendant’s contention that the evidence is legally insufficient to establish that the victim sustained a physical injury within the meaning of Penal Law § 10.00 (9). The victim sustained a one-inch laceration to [1054]*1054his wrist that required medical attention and a jammed thumb that swelled and “hurt like hell” for several days, impeding his work (see, People v Sekoll, 254 AD2d 797). We further conclude that the verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Defendant’s contention that County Court erred in failing to give an adverse inference instruction is not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Onondaga County Court, Fahey, J. — Robbery, 2nd Degree.) Present — Pine, J. P., Hayes, Wisner, Hurlbutt and Scudder, JJ.

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Bluebook (online)

259 A.D.2d 1053, 688 N.Y.S.2d 335, 1999 N.Y. App. Div. LEXIS 3505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-broadwater-nyappdiv-1999.

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