Opinion
471
March 13, 2003.
Judgment, Supreme Court, New York County (Laura Visitacion-Lewis, J.), rendered November 14, 2001, convicting defendant, after a jury trial, of attempted robbery in the second degree and assault in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 7 years, unanimously affirmed.
S. Vinet Bryant, for respondent.
Robert S. Dean, for defendant-appellant.
Before: Mazzarelli, J.P., Saxe, Sullivan, Ellerin, Gonzalez, JJ.
The evidence was legally sufficient to prove the element of physical injury (see e.g. People v. Guidice, 83 N.Y.2d 630, 636; People v. Smith, 283 A.D.2d 208, lv denied 96 N.Y.2d 907; Matter of Veronica R., 268 A.D.2d 287). The victim suffered a sore left shoulder and hip for a week as the result of falling on her left side when defendant knocked her to the ground and pummeled her upper body. She also suffered considerable and prolonged soreness, swelling and stiffness of the right side of her face, jaw, and neck as the result of being punched several times. We have considered and rejected defendant's remaining arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.