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People v. Rosa

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1989
155 A.D.2d 698 (N.Y. App. Div. 1989)

Opinion

November 27, 1989

Appeal from the County Court, Nassau County (Delin, J.).


Ordered that the judgment is affirmed.

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 the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15). The record establishes that the defendant lunged at the complainant with a screwdriver after the complainant confronted the defendant during the course of a burglary of the complainant's home. The complainant's fingers were "gouged" or cut and were bleeding. He testified that the pain resulting from his injuries lasted for more than one week. The foregoing evidence satisfied the "physical injury" element of the crime of burglary in the first degree (Penal Law § 140.30; People v Richards, 128 A.D.2d 387; People v Ruttenbur, 112 A.D.2d 13) and was also sufficient proof that the defendant intended to cause physical injury to the complainant for purposes of sustaining the conviction of assault in the third degree (see, People v Kane, 87 A.D.2d 578).

The defendant's challenge with respect to his conviction for resisting arrest is equally unavailing since the record establishes that he engaged the police in a high-speed chase, crashed into a utility pole and punched and kicked at a police officer and grabbed his gun when the officer attempted to arrest him (see, People v SiMartin, 135 A.D.2d 591).

We have examined the defendant's remaining contentions and find them to be without merit. Lawrence, J.P., Kunzeman, Eiber and Harwood, JJ., concur.


Summaries of

People v. Rosa

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1989
155 A.D.2d 698 (N.Y. App. Div. 1989)
Case details for

People v. Rosa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISRAEL ROSA, Appellant

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

Date published: Nov 27, 1989

Citations

155 A.D.2d 698 (N.Y. App. Div. 1989)
548 N.Y.S.2d 264

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