Opinion
November 13, 1989
Appeal from the Supreme Court, Queens County (Naro, J.).
Ordered that the judgment is affirmed.
The complainant's testimony that she suffered physical pain for a few days after the robbery as a result of swollen glands from being choked, having chains pulled from her neck, and being seized by the neck and thrown down the stairs, is sufficient to establish the physical injury necessary to support the convictions for assault in the second degree and robbery in the second degree (People v Bogan, 70 N.Y.2d 860; Penal Law § 10.00; § 120.05 [6]; § 160.10 [2] [a]).
The prosecutor's single mischaracterization of certain evidence during summation was not so severe as to deprive the defendant of a fair trial in light of the trial court's appropriate curative instruction which was accepted by defense counsel (People v Attianese, 150 A.D.2d 784).
Given the violent nature of the crime and the defendant's prior record, the sentence was not excessive.
We have considered the defendant's remaining contentions and find them to be without merit. Mangano, J.P., Lawrence, Kunzeman and Eiber, JJ., concur.