| People v Black |
| 2017 NY Slip Op 08469 [156 AD3d 413] |
| December 5, 2017 |
| Appellate Division, First Department |
| As corrected through Wednesday, January 24, 2018 |
[*1]
| The People of the State of New York,Respondent, v Davon Black, Appellant. |
Cardozo Appeals Clinic, New York (Stanley Neustadter of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), forrespondent.
Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered April 14, 2015,convicting defendant, after a jury trial, of burglary in the first degree and robbery in the secondand third degrees, and sentencing him to an aggregate term of eight years, unanimouslyaffirmed.
There was legally sufficient evidence to support the element of physical injury (see e.g. People v Medina, 139 AD3d460, 460 [1st Dept 2016], lv denied 28 NY3d 933 [2016]). In a struggle over thevictim's phone, defendant slammed her against a wall and hurled her down a flight of stairs,causing bruises on her legs and face that were visible in photographs taken four days later. Thevictim also felt pain for several days while chewing her food. The statutory element of"substantial pain" may be satisfied by relatively minor injuries causing moderate, but "more thanslight or trivial pain" (see People vChiddick, 8 NY3d 445, 447 [2007]), even in the absence of any medical treatment(see People v Guidice, 83 NY2d 630, 636 [1994]). Concur—Gische, J.P., Kapnick,Oing and Moulton, JJ.