People v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant’s contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review (see CPL 470.05 [2]; People v Ruiz, 36 AD3d 722, 723 [2007]; People v Rambali, 27 AD3d 582, 583 [2006]; People v Xavier V., 10 AD3d 427 [2004]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish, beyond a reasonable doubt, that the *905complainant sustained a “physical injury” within the meaning of Penal Law § 10.00 (9) (see Penal Law §…
2Cases cited37 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. BaldiNew York Court of Appeals · 1981
- People v. RomeroNew York Court of Appeals · 2006
- People v. MateoNew York Court of Appeals · 2004
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3Cited by15 opinions
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