People v. Michaels

276 A.D.2d 646, 714 N.Y.S.2d 892

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 16, 2000
• Status: Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered January 6, 1999, convicting him of robbery in the second degree and assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the People failed to prove his guilt of the crimes charged beyond a reasonable doubt because there was insufficient evidence that the complainant suffered a “physical injury” as defined in the Penal Law. However, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish that the complainant sustained a physical injury within the meaning of Penal Law § 10.00 (9) (see, People v Greene, 70 NY2d 860; People v Delph, 269 AD2d 218; People v Dazi, 195 AD2d 571; cf., Matter of Kwan M., 159 AD2d 707; cf., People v Franklin, 149 AD2d 617). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]). O’Brien, J. P., Altman, Krausman and Gold-stein, JJ., concur.