People v. Medina, 1095, 1786/13.
| Decision Date | 10 May 2016 |
| Docket Number | 1095, 1786/13. |
| Citation | 2016 N.Y. Slip Op. 03663,31 N.Y.S.3d 58,139 A.D.3d 460 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Robert MEDINA, Defendant–Appellant. |
| Court | New York Supreme Court — Appellate Division |
139 A.D.3d 460
31 N.Y.S.3d 58
2016 N.Y. Slip Op. 03663
The PEOPLE of the State of New York, Respondent,
v.
Robert MEDINA, Defendant–Appellant.
1095, 1786/13.
Supreme Court, Appellate Division, First Department, New York.
May 10, 2016.
Robert S. Dean, Center for Appellate Litigation, New York (Lisa A. Packard of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), for respondent.
MAZZARELLI, J.P., RENWICK, SAXE, GISCHE, KAHN, JJ.
Judgment, Supreme Court, New York County (Charles H. Solomon, J. at suppression hearing; Daniel P. FitzGerald, J. at jury trial and sentencing), rendered January 30, 2014, convicting defendant of robbery in the second degree and sentencing him, as a second violent felony offender, to a term of nine years, unanimously affirmed.
The verdict was based on 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 established the element of physical injury (see People v. Chiddick, 8 N.Y.3d 445, 447, 834 N.Y.S.2d 710, 866 N.E.2d 1039 [2007] ; People v. Guidice, 83 N.Y.2d 630, 636, 612 N.Y.S.2d 350, 634 N.E.2d 951 [1994] ). The victim testified that he was struck with enough force to knock him down, and in addition to an injury to his mouth, which caused him soreness and difficulty eating for three or four days, he had swelling under his eye (see e.g. People v. Mullings, 105 A.D.3d 407, 961 N.Y.S.2d 470 [1st Dept.2013], lv. denied 21 N.Y.3d 945, 968 N.Y.S.2d 7, 990 N.E.2d 141 [2013] ; People v. Deas, 102 A.D.3d 464, 961 N.Y.S.2d 10 [1st Dept.2013], lv. denied 20 N.Y.3d 1097, 965 N.Y.S.2d 793, 988 N.E.2d 531 [2013] ; People v. Mercado, 94 A.D.3d 502, 941 N.Y.S.2d 501 [1st Dept.2012], lv. denied 19 N.Y.3d 999, 951 N.Y.S.2d 475, 975 N.E.2d 921 [2012] ). The evidence also supports conclusions that defendant took the victim's phone during the attack, and that defendant used force for the purpose of stealing the phone.
We find, however, that the...
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