People v. James

Appellate Division of the Supreme Court of New York

People v. James

303 A.D.2d 240, 757 N.Y.S.2d 6, 2003 N.Y. App. Div. LEXIS 2513

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

DecidedMarch 13, 2003

StatusPublished

Cited by2 cases

This text of 303 A.D.2d 240 (People v. James) 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. James, 303 A.D.2d 240, 757 N.Y.S.2d 6, 2003 N.Y. App. Div. LEXIS 2513 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Laura Visitacion-Lewis, J.), rendered November 14, 2001, convicting defendant, after a jury trial, of attempted robbery in the second degree and assault in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of seven years, unanimously affirmed.

[241]*241The evidence was legally sufficient to prove the element of physical injury (see e.g. People v Guidice, 83 NY2d 630, 636 [1994]; People v Smith, 283 AD2d 208 [2001], lv denied 96 NY2d 907 [2001]; Matter of Veronica R., 268 AD2d 287 [2000]). The victim suffered a sore left shoulder and hip for a week as the result of falling on her left side when defendant knocked her to the ground and pummeled her upper body. She also suffered considerable and prolonged soreness, swelling and stiffness of the right side of her face, jaw, and neck as the result of being punched several times. We have considered and rejected defendant’s remaining arguments. Concur — Mazzarelli, J.P., Saxe, Sullivan, Ellerin and Gonzalez, JJ.

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Judgment, Supreme Court, New York County (Laura Visitacion-Lewis, J.), rendered November 14, 2001, convicting defendant, after a jury trial, of attempted robbery in the second degree and assault in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of seven years, unanimously affirmed.

[241]*241The evidence was legally sufficient to prove the element of physical injury (see e.g. People v Guidice, 83 NY2d 630, 636 [1994]; People v Smith, 283 AD2d 208 [2001], lv denied 96 NY2d 907 [2001]; Matter of Veronica R., 268 AD2d 287 [2000]). The victim suffered a sore left shoulder and hip for a week as the result of falling on her left side when defendant knocked her to the ground and pummeled her upper body. She also suffered considerable and prolonged soreness, swelling and stiffness of the right side of her face, jaw, and neck as the result of being punched several times. We have considered and rejected defendant’s remaining arguments. Concur — Mazzarelli, J.P., Saxe, Sullivan, Ellerin and Gonzalez, JJ.

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Bluebook (online)

303 A.D.2d 240, 757 N.Y.S.2d 6, 2003 N.Y. App. Div. LEXIS 2513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-james-nyappdiv-2003.

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