| People v Stone |
| 2007 NY Slip Op 09073 [45 AD3d 406] |
| November 20, 2007 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v JohnStone, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Jared Wolkowitz of counsel), forrespondent.
Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered January 17,2006, convicting him, after a jury trial, of assault in the second degree, criminal mischief in thethird degree and resisting arrest, and sentencing him, as a second felony offender, to an aggregateterm of four years, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of theevidence. There was ample evidence that the police officer sustained a physical injury(see Penal Law § 10.00 [9]; People v Guidice, 83 NY2d 630, 636 [1994];People v Chiddick, 8 NY3d445 [2007]), including the officer's testimony that he was cut and bleeding, was in pain,required stitches, suffered from increased migraines, and was absent from work for several daysas a result of the incident. Concur—Lippman, P.J., Mazzarelli, Marlow, Catterson andKavanagh, JJ.