From Casetext: Smarter Legal Research

People v. Gomez

Appellate Division of the Supreme Court of New York, First Department
Sep 25, 2007
43 A.D.3d 763 (N.Y. App. Div. 2007)

Opinion

No. 1542.

September 25, 2007.

Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered July 23, 2004, convicting defendant, after a jury trial, of stalking in the first degree, robbery in the third degree, and endangering the welfare of a child, and sentencing him, as a second felony offender, to concurrent terms of 5 years, 3 to 6 years and 1 year, respectively, unanimously affirmed.

Robert E. Carrigan, Montclair, NJ, for appellant.

Robert M. Morgenthau, District Attorney, New York (Ellen Stanfield Friedman of counsel), for respondent.

Before: Tom, J.P., Saxe, Friedman, Gonzalez and McGuire, JJ.


Defendant did not preserve his challenge to the sufficiency of the evidence of physical injury, an element of first-degree stalking under Penal Law § 120.60 (1), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the evidence was legally sufficient. We further conclude that the verdict was not against the weight of the evidence. The element of physical injury was established by proof that defendant repeatedly punched the victim on her face and body, causing bruising that lasted for days, swollen and bleeding lips making it difficult to drink, difficulty walking, and substantial pain ( see People v Chiddick, 8 NY3d 445; People v Guidice, 83 NY2d 630, 636).


Summaries of

People v. Gomez

Appellate Division of the Supreme Court of New York, First Department
Sep 25, 2007
43 A.D.3d 763 (N.Y. App. Div. 2007)
Case details for

People v. Gomez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAUL GOMEZ, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 25, 2007

Citations

43 A.D.3d 763 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 6927
842 N.Y.S.2d 21

Citing Cases

The People of v. Bryant Gill

The People presented sufficient evidence that the victim suffered substantial pain and that the defendant's…

People v. Williams

Thus, those injuries could not establish the defendant's guilt of assault in the second degree under Penal…