Opinion
5110
12-05-2017
The PEOPLE of the State of New York, Respondent, v. Thomas CORDERO, Defendant–Appellant.
Rosemary Herbert, Office of the Appellate Defender, New York (Joseph M. Nursey of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Rosemary Herbert, Office of the Appellate Defender, New York (Joseph M. Nursey of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Gische, J.P., Kapnick, Oing, Moulton, JJ.
Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered June 11, 2013, convicting defendant, after a jury trial, of attempted robbery in the second and third degrees and assault in the third degree, and sentencing him, as a second felony offender, to an aggregate term of 5 years, unanimously affirmed.
The verdict was supported by legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's credibility determinations. The jury reasonably believed that defendant intended to forcibly take the victim's property when he hit the victim in the head and immediately grabbed at his pocket (see People v. Gordon, 23 N.Y.3d 643, 650, 992 N.Y.S.2d 700, 16 N.E.3d 1178 [2014] ; Matter of Vere C., 183 A.D.2d 428, 429, 583 N.Y.S.2d 376 [1st Dept. 1992] ).
There was also ample proof of physical injury, because the victim testified that due to the severe pain in his mouth, it was difficult for him to open his mouth for two days, and he could not eat during that time (see e.g. People v. Medina, 139 A.D.3d 460, 460, 31 N.Y.S.3d 58 [1st Dept. 2016], lv denied 28 N.Y.3d 933, 40 N.Y.S.3d 361, 63 N.E.3d 81 [2016] ; People v. Mullings, 105 A.D.3d 407, 408, 961 N.Y.S.2d 470 [1st Dept. 2013], lv denied 21 N.Y.3d 945, 968 N.Y.S.2d 7, 990 N.E.2d 141 [2013] ). The statutory element of "substantial pain" may be satisfied by relatively minor injuries causing moderate, but "more than slight or trivial pain" (see People v. Chiddick, 8 N.Y.3d 445, 447, 834 N.Y.S.2d 710, 866 N.E.2d 1039 [2007] ), even in the absence of any medical treatment (see People v. Guidice, 83 N.Y.2d 630, 636, 612 N.Y.S.2d 350, 634 N.E.2d 951 [1994] ).
We perceive no basis for reducing the sentence.