Opinion
November 15, 2001.
Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered October 23, 1998, convicting defendant, after a jury trial, of robbery in the second degree and grand larceny in the fourth degree, and sentencing him to concurrent terms of 7½ to 15 years and 1 to 4 years, respectively, unanimously affirmed.
Barbara Jane Hutter, for respondent.
Robert E. Carrigan, for defendant-appellant.
Before: Rosenberger, J.P., Williams, Ellerin, Buckley, Marlow, JJ.
There was legally sufficient evidence to support the element of physical injury required for robbery in the second degree (Penal Law §§ 10.00; 160.10[2][a]), and the verdict was not against the weight of the evidence with respect to that element (see, People v. Brown, 145 A.D.2d 301, 302, lv denied 73 N.Y.2d 1012). The victim testified as to her substantial pain and impairment of physical condition (People v. Valentine, 212 A.D.2d 399, lv denied 85 N.Y.2d 944).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.