Opinion
Argued September 14, 2000.
October 16, 2000.
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.
Lynn W. L. Fahey, New York, N.Y. (Neil L. Fishman of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Caroline R. Donhauser of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
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 N.Y.2d 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 N.Y.2d 860; People v. Delph, 269 A.D.2d 218; People v. Dazi, 195 A.D.2d 571; cf., Matter of Kwan M., 159 A.D.2d 707; cf., People v. Franklin, 149 A.D.2d 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).