| People v Valencia |
| 2008 NY Slip Op 04117 [50 AD3d 1163] |
| April 29, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v HenryValencia, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C.Abbot, and Aisha Greene of counsel; Michelle Kaszuba on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.),rendered December 13, 2005, convicting him of robbery in the second degree and assault in thesecond degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant was convicted of robbery in the second degree and assault in the seconddegree. He claims that his conviction was not based on legally sufficient evidence that the victimsuffered "physical injury," as defined by the Penal Law. We disagree. Viewing the evidence inthe light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]),we find that it was legally sufficient to support the finding that the complainant sustained aphysical injury as defined by the Penal Law (see Penal Law § 10.00 [9]; §160.10 [2]; § 120.05 [6]). The victim testified that the defendant forcibly entered her carand repeatedly banged her head on the car door. The victim sustained a black eye and bruising onher face, neck, and shoulders, and experienced pain for approximately one week. The evidence ofthe circumstances of the attack and the victim's injuries was sufficient to establish that shesuffered "physical injury" because she suffered substantial pain (see Penal Law §10.00 [9]; People v Chiddick, 8NY3d 445, 447-448 [2007]; People v Henderson, 92 NY2d 677, 680 [1999];People v Guidice, 83 NY2d 630, 636 [1994]; People v Branch, 306 AD2d 537[2003]).
Further, upon the exercise of our factual review power (see CPL 470.15 [5]), we aresatisfied that the verdict was not against the weight of the evidence (see People v Romero, 7 NY3d 633[2006]). Miller, J.P., Dillon, McCarthy and Chambers, JJ., concur.