Opinion
November 15, 1985
Appeal from the Supreme Court, Erie County, Marshall, J.
Present — Callahan, J.P., Boomer, Green, O'Donnell and Schnepp, JJ.
Judgment unanimously modified, on the law and facts, and, as modified, affirmed, in accordance with the following memorandum: Defendant's conviction of robbery in the second degree in violation of Penal Law § 160.10 (2) (a) is reversed and the sentence imposed thereon vacated since the People have not established that the victim sustained a "physical injury" within the meaning of Penal Law § 10.00 (9). We have examined defendant's remaining arguments and find them to be without merit.