People v. Almonte

OPINION OF THE COURT

Sheldon S. Levy, J.

Is a cut upper lip which bleeds a "physical injury” within the contemplation of the second degree robbery statute (Penal Law, § 160.10, subd 2, par [a])? The question has not been dealt with directly before in this State.

At the conclusion of the People’s case in this robbery prosecution, the defendant, having raised the issue of identity as his prime defense, immediately rested and made the usual motions. The court, as is often the case, made the usual denials.

However, in this situation, the court acted, perhaps, a bit too hastily and sua sponte proposed…