People v. Davis

288 A.D.2d 92, 733 N.Y.S.2d 29, 2001 N.Y. App. Div. LEXIS 10944

Opinion

—Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered October 23, 1998, convicting defendant, after a jury trial, of robbery in the second degree and grand larceny in the fourth degree, and sentencing him to concurrent terms of 71/2 to 15 years and IV3 to 4 years, respectively, unanimously affirmed.

There was legally sufficient evidence to support the element of physical injury required for robbery in the second degree (Penal Law § 10.00 [9]; § 160.10 [2] [a]), and the verdict was not against the weight of the evidence with respect to that element (see, People v Brown, 145 AD2d 301, 302, lv denied 73 NY2d 1012). The victim testified as to her substantial pain and impairment of physical condition (People v Valentine, 212 AD2d 399, lv denied 85 NY2d 944). Concur — Rosenberger, J. P., Williams; Ellerin, Buckley and Marlow, JJ.