| People v Uceta |
| 2015 NY Slip Op 03194 [127 AD3d 1002] |
| April 15, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Freddy Uceta, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (Patricia Pazner of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Johnnette Traill, Jeanette Lifschitz, and Andrea Alvarez-Calderon of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Blumenfeld, J.), rendered April 26, 2013, convicting him of assault in the seconddegree, obstructing governmental administration in the second degree, and resistingarrest, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The complainant, a police officer, testified that as he was arresting the defendant forillegally selling Metrocard "swipes," the defendant resisted arrest, a struggle ensued, andthe complainant fell on subway stairs and hit his head on the railing. When thecomplainant hit his head on the railing, he felt a "sharp bang" followed by a "whiteoutand then tunnel vision." The complainant felt a "sharp pain" and was bleeding profuselyfrom his head for approximately 30-45 minutes after the subject incident. Thecomplainant was promptly treated at a hospital and received stitches. Later that same day,the complainant had a "splitting headache," for which he took Tylenol for a period ofthree days. The complainant also experienced swelling, with the bump on his headbecoming the size of "a tennis ball cut in half." As a result of the incident, thecomplainant missed seven days of work.
Contrary to the defendant's contention, viewing the evidence in the light mostfavorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), wefind that it was legally sufficient to establish the physical injury element of the crime ofassault in the second degree beyond a reasonable doubt (see Penal Law§§ 10.00 [9]; 120.05 [3]; People v Rose, 120 AD3d 593, 594 [2014]). Moreover,upon our independent review pursuant to CPL 470.15 (5), we are satisfied that theverdict of guilt on that count was not against the weight of the evidence (see People v Romero, 7 NY3d633 [2006]). Balkin, J.P., Hall, Roman and Cohen, JJ., concur.