Opinion
01-20-2015
The PEOPLE of the State of New York, Respondent, v. WAYNE B., Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (William B. Carney of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Lori Ann Farrington of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (William B. Carney of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Lori Ann Farrington of counsel), for respondent.
Opinion
Judgment, Supreme Court, Bronx County (Barbara F. Newman, J.), rendered April 4, 2011, convicting defendant, after a jury trial, of assault in the third degree, adjudicating him a youthful offender, and sentencing him to a term of 45 days, concurrent with 3 years' probation, unanimously affirmed.
The verdict was based on legally sufficient evidence. The evidence supports an inference that the victim's injuries were more than mere “petty slaps, shoves, kicks and the like” (Matter of Philip A., 49 N.Y.2d 198, 200, 424 N.Y.S.2d 418, 400 N.E.2d 358 [1980] ), and that they caused “more than slight or trivial pain” (People v. Chiddick, 8 N.Y.3d 445, 447, 834 N.Y.S.2d 710, 866 N.E.2d 1039 [2007] ; see also People v. Guidice, 83 N.Y.2d 630, 636, 612 N.Y.S.2d 350, 634 N.E.2d 951 [1994] ). The victim was punched in the head and face, causing pain and swelling to his left eyebrow and right cheek, which took a week to subside, and required treatment with topical ointments (see e.g. People v. Mercado, 94 A.D.3d 502, 941 N.Y.S.2d 501 [1st Dept.2012], lv. denied 19 N.Y.3d 999, 951 N.Y.S.2d 475, 975 N.E.2d 921 [2012] ).
TOM, J.P., SAXE, FEINMAN, CLARK, KAPNICK, JJ., concur.