| People v White |
| 2012 NY Slip Op 02717 [94 AD3d 918] |
| April 10, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v ElijahWhite, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C.Abbot, and Danielle S. Fenn of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum,J.), rendered October 20, 2009, as amended October 21, 2009, convicting him of aggravatedcriminal contempt, grand larceny in the fourth degree, criminal contempt in the first degree (fourcounts), assault in the third degree, aggravated harassment in the second degree, and unlawfulimprisonment in the second degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment, as amended, is affirmed.
The defendant contends that the "physical injury" element of the crimes of aggravatedcriminal contempt and assault in the third degree was not established by legally sufficientevidence, and that, for the same reason, the verdict on those counts was against the weight of theevidence. The defendant's contention that the evidence was legally insufficient to establish thatthe victim sustained physical injury as required to support a conviction of aggravated criminalcontempt under Penal Law § 215.52 (1) is unpreserved for appellate review, as it was notraised with specificity in his motion for a trial order of dismissal (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484,491-492 [2008]; People v Gray, 86 NY2d 10, 19 [1995]; People v Alston, 42 AD3d 468,469 [2007]). In any event, viewing the evidence in the light most favorable to the prosecution(see People v Contes, 60 NY2d 620, 621 [1983]), it was legally sufficient to establish,beyond a reasonable doubt, that the complainant sustained a physical injury within the meaningof Penal Law § 10.00 (9), as required to support his convictions of aggravated criminalcontempt and assault in the third degree (see People v Bogan, 70 NY2d 860, 862-863[1987]; People v Rahman, 84 AD3d1119 [2011]; People v Delph, 269 AD2d 218 [2000]; People v Miller, 146AD2d 809 [1989]). Moreover, in fulfilling our responsibility to conduct an independent reviewof the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accordgreat deference to the jury's opportunity to view the witnesses, hear the testimony, and observedemeanor (see People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542 US 946[2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here,we are satisfied that the verdict of guilt of aggravated criminal contempt and assault in the thirddegree was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]; People vRahman, 84 AD3d at 1120). Skelos, J.P., Belen, Lott and Miller, JJ., concur.