| People v Pinero-Baez |
| 2009 NY Slip Op 08060 [67 AD3d 469] |
| November 10, 2009 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v JosePinero-Baez, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Michael J. Balch of counsel), forrespondent.
Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered June 9,2008, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him,as a second violent felony offender, to a term of five years, and judgment, same court (RichardCarruthers, J.), rendered July 16, 2008, convicting defendant, upon his plea of guilty, of robberyin the second degree, and sentencing him, as a second violent felony offender, to a concurrentterm of 10 years, unanimously affirmed.
The court properly exercised its discretion in permitting the People to introduce a threateningstatement, containing the words "I shoot people," that defendant made to a court officer who wastrying to escort him back to Department of Correction custody following a court appearance.This entire statement, including the quoted phrase, expressed a threat to use force against theofficer, and was highly probative of defendant's intent to prevent the officer "from performing alawful duty" (Penal Law § 120.05 [3]). In any event, even if the phrase "I shoot people"should have been redacted, its admission was harmless.
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There wasample evidence to support the element of physical injury (see e.g. People v Wade, 41 AD3d 288[2007], lv denied 9 NY3d 883 [2007]). That element can be established through avictim's credible description of his or her injuries (see People v Guidice, 83 [*2]NY2d 630, 636 [1994]); in any event, the officer's testimony wascorroborated by medical records.
We perceive no basis for reducing the sentence. Concur—Tom, J.P., Saxe, Renwick,DeGrasse and Richter, JJ.