| People v Corbin |
| 2011 NY Slip Op 08973 [90 AD3d 478] |
| Dcmbr 13, 2011 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v ThorCorbin, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Nancy D. Killian of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Michael A. Gross, J.), rendered March 23, 2009,convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as asecond felony offender, to a term of 14 years, unanimously affirmed.
The People established that the victim had a sufficient familiarity with defendant to make aconfirmatory identification (see People v Rodriguez, 79 NY2d 445 [1992]). A fewmonths before the crime the victim had a conversation with defendant about mating their dogs,after which the victim saw defendant many times in the neighborhood while defendant wasdriving his car. The victim also had a fight with defendant shortly before the shooting, and wasable to provide the investigating detective with defendant's first name.
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). We rejectdefendant's challenge to the weight of the evidence supporting the element of serious physicalinjury. Seventeen months after the shooting, the victim, a high school student, led a less activelife than before the crime because he still suffered pain from his wound. This established aprotracted impairment of health (see Penal Law § 10.00 [10]; People vGraham, 297 AD2d 579, 580 [2002], lv denied 99 NY2d 535 [2002]).
We perceive no basis for reducing the sentence. Concur—Gonzalez, P.J., Friedman,Moskowitz, Acosta and Richter, JJ.