| People v Bey |
| 2016 NY Slip Op 04953 [140 AD3d 1079] |
| June 22, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Jamal Salaam Bey, Appellant. |
Lynn W. L. Fahey, New York, NY (Jenin Younes of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano,Johnnette Traill, Ellen C. Abbot, and Tina Grillo of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Modica, J.), rendered December 16, 2013, convicting him of robbery in the seconddegree, assault in the third degree, and criminal possession of stolen property in the fifthdegree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, viewing the evidence in the light mostfavorable to the People, the People adduced legally sufficient proof of the physical injuryelement of the robbery and assault counts (see Penal Law§§ 10.00 [9]; 120.05 [2]; 160.10 [2] [a]; People v Chiddick, 8 NY3d445 [2007]; People vPerry, 122 AD3d 775, 776 [2014]; People v Charles, 121 AD3d 802 [2014]; People v Williams, 69 AD3d662 [2010]). Moreover, upon our independent review pursuant to CPL 470.15 (5),we are satisfied that the verdict of guilt was not against the weight of the evidence withrespect to the physical injury element of the robbery and assault counts (see People v Romero, 7 NY3d633 [2006]).
The Supreme Court did not improvidently exercise its discretion in denying defensecounsel's request for, in effect, a mental health evaluation in connection with sentencing(see CPL 390.30 [2]; seealso People v Miranda, 67 AD3d 709, 711 [2009]; People v LaGuerre, 29 AD3d820 [2006]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Rivera, J.P., Cohen, Maltese and LaSalle, JJ., concur.