People v. Moody

Decision Date15 December 2016
Parties The PEOPLE of the State of New York, Respondent, v. Anthony MOODY, Defendant–Appellant.
CourtNew York Supreme Court — Appellate Division

145 A.D.3d 572
43 N.Y.S.3d 48
2016 N.Y. Slip Op. 08473

The PEOPLE of the State of New York, Respondent,
v.
Anthony MOODY, Defendant–Appellant.

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

Dec. 15, 2016.


43 N.Y.S.3d 49

Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Ester Murdukhayeva of counsel), for respondent.

SWEENY, J.P., RENWICK, RICHTER, MANZANET–DANIELS, KAPNICK, JJ.

Judgment, Supreme Court, New York County (Roger S. Hayes, J.), rendered February 20, 2014, convicting defendant,

after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of six 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, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's credibility determinations, including its assessment of any discrepancies between the victim's trial testimony and prior statements about his level of pain.

The evidence established that defendant caused physical injury to the victim by punching him and throwing him down to the sidewalk, causing him to experience substantial pain and sustain a black eye and abrasions, scratch marks, and bruising to his neck, lip, and torso. Moreover, the victim was treated at a hospital and prescribed pain medication (see People v. Chiddick, 8 N.Y.3d 445, 447, 834 N.Y.S.2d 710, 866 N.E.2d 1039 [2007] ; People v. Stapleton, 33 A.D.3d 464, 465, 823 N.Y.S.2d 32 [1st Dept.2006], lv. denied 7 N.Y.3d 904, 826 N.Y.S.2d 613, 860 N.E.2d 75 [2006] ). The victim was also unable to complete his shift later on the same day, and he testified that his pain was...

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2 cases
  • People v. Delin
    • United States
    • New York Supreme Court — Appellate Division
    • 15 Diciembre 2016
    ...New York.Dec. 15, 2016.43 N.Y.S.3d 47Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.43 N.Y.S.3d 48Cyrus R. Vance, Jr., District Attorney, New York (Beth Fisch Cohen of counsel), for respondent.SWEENY, J.P., RENWICK, RICHTER, MANZANET–DANIE......
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    • New York Supreme Court — Appellate Division
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