People v. Beaton
| Decision Date | 12 July 1989 |
| Parties | PEOPLE of the State of New York, Respondent, v. Dean BEATON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Griffith Winthrop, Canon, for appellant.
James R. Harvey by R. Michael Tantillo, Canandaiqua, for respondent.
MEMORANDUM:
Evidence that two victims of defendant's assaults with a metal wrench sustained cuts to the head requiring stitches and were in pain for a few days after the incident and that a third victim suffered a puncture wound and bruise to the arm and was out of work for two weeks constituted legally sufficient evidence of "physical injury" as defined by Penal Law, § 10.00, subdivision 9 (see, People v. Ruttenbur, 112 A.D.2d 13, 490 N.Y.S.2d 374; People v. Fasano, 112 A.D.2d 791, 492 N.Y.S.2d 290, lv. denied 70 N.Y.2d 799, 522 N.Y.S.2d 117, 516 N.E.2d 1230).
The imposition of a consecutive sentence on one of the assault counts was lawful (see, Penal Law, § 70.25 [2]; People v. Brathwaite, 63 N.Y.2d 839, 482 N.Y.S.2d 253, 472 N.E.2d 29; People v. Kalakowski, 120 A.D.2d 763, 501 N.Y.S.2d 499, lv. denied 68 N.Y.2d 669, 505 N.Y.S.2d 1034, 496 N.E.2d 692) and was not an abuse of discretion.
We have reviewed the remaining claims raised in the brief and defendant's supplemental pro se brief and find them either to be meritless or not preserved for appellate review.
Judgment unanimously affirmed.
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