People v. Briggman

• Decision Date: 08 March 2016
• Parties: The PEOPLE of the State of New York, Respondent, v. Ruben BRIGGMAN, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

137 A.D.3d 483

26 N.Y.S.3d 464 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Ruben BRIGGMAN, Defendant–Appellant.

Supreme Court, Appellate Division, First Department, New York.

March 8, 2016.

Seymour W. James, Jr., The Legal Aid Society, New York (Susan Epstein of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.

Judgment, Supreme Court, New York County (Patricia Nunez, J.), rendered April 30, 2012, as amended July 13, 2012, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 18 years to life, unanimously affirmed.

The verdict was supported by legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). The evidence supports an inference that the victim's injuries were more than mere "petty slaps, shoves, kicks and the like" (Matter of Philip A., 49 N.Y.2d 198, 200, 424 N.Y.S.2d 418, 400 N.E.2d 358 [1980] ), and that they caused "more than slight or trivial pain" (People v. Chiddick, 8 N.Y.3d 445, 447, 834 N.Y.S.2d 710, 866 N.E.2d 1039 [2007] ; see also People v. Guidice, 83 N.Y.2d 630, 636, 612 N.Y.S.2d 350, 634 N.E.2d 951 [1994] ). Defendant punched the victim in the face with a closed fist, causing pain that required the use of ice and over-the-counter medication, disorientation, dizziness, blurred vision and eye irritation. She suffered these symptoms for approximately a week and photographs showed discoloration around her eye three days after the incident (see e. g. People v. James, 2 A.D.3d 291, 769 N.Y.S.2d 38 [1st Dept.2003], lv. denied 2 N.Y.3d 741, 778 N.Y.S.2d 467, 810 N.E.2d 920 [2004] ).

FRIEDMAN, J.P., ACOSTA, RENWICK, RICHTER, JJ., concur.