People v. Joseph

124 A.D.2d 750, 508 N.Y.S.2d 251, 1986 N.Y. App. Div. LEXIS 62055

Opinion

The hearing court properly declined to suppress the physical evidence recovered in the defendant’s apartment and the statement made to a police officer. We further conclude that the evidence, viewed in a light most favorable to the People (see, People v Contes, 60 NY2d 620), established the defendant’s guilt beyond a reasonable doubt with respect to the conviction of robbery in the first degree. However, we find that the evidence was legally insufficient to support a finding that the complaining witness suffered either substantial pain or an impairment of physical condition (Penal Law § 10.00 [9]). Accordingly, the conviction of robbery in the second degree (Penal Law § 160.10 [2] [a]) cannot stand (see, Matter of Philip A., 49 NY2d 198; People v McDowell, 28 NY2d 373).

We have examined the defendant’s remaining contention and find it to be without merit. Brown, J. P., Rubin, Lawrence and Kooper, JJ., concur.