People v. Carney
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The evidence adduced at the trial was legally insufficient to establish that the defendant caused "physical injury” to the complaining witness. Physical injury is an essential element of the crime of robbery in the second degree (Penal Law § 160.10 [2] [a]) and is defined as an "impairment of physical condition or substantial pain” (Penal Law § 10.00 [9]). The complaining witness testified that during the course of the robbery she sustained bruises on her arm and neck. She took Tylenol and used rubbing alcohol for a week, but did not seek medical attention. She did not testify about the…
2Cases cited6 opinions
- In re Philip A.New York Court of Appeals · 1980
- People v. CeballosAppellate Division of the Supreme Court of the State of New York · 1984
- People v. FranklinAppellate Division of the Supreme Court of the State of New York · 1989
- People v. GallettaAppellate Division of the Supreme Court of the State of New York · 1991
- People v. RolandoAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by11 opinions
- People v. LunettaAppellate Division of the Supreme Court of the State of New York · 2007
- Boles v. SenkowskiDistrict Court, N.D. New York · 1995
- People v. StubbsAppellate Division of the Supreme Court of the State of New York · 1993
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1994
- In re Dominick V.Appellate Division of the Supreme Court of the State of New York · 1996
6 more not listed; retrieve them via the Exa API.