| People v Oliver |
| 2009 NY Slip Op 04929 [63 AD3d 860] |
| June 9, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Henry Oliver, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Andrea M. DiGregorio, Lauren DelGiorno, and Jacqueline Rosenblum of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Peck, J.),rendered July 16, 2007, convicting him of assault in the second degree, false personation, andpetit larceny, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the evidence was legally sufficient to support hisconviction of assault in the second degree. Viewing the evidence in the light most favorable tothe prosecution, as we must (see People v Contes, 60 NY2d 620 [1983]), we find that itwas legally sufficient to establish, beyond a reasonable doubt, that the complainant police officersustained a physical injury within the meaning of Penal Law § 10.00 (9) (see e.g.People v Tejeda, 78 NY2d 936, 937-938 [1991]; People v Williams, 23 AD3d 589, 590 [2005]; People vMcKinney, 195 AD2d 1003 [1993]; People v Rivera, 183 AD2d 792, 793 [1992]).
Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that theverdict of guilt of assault in the second degree was not against the weight of the evidence (see People v Romero, 7 NY3d633 [2006]). Dillon, J.P., Florio, Balkin and Austin, JJ., concur.