People v. Boles

—Judgment unanimously affirmed. Memorandum: The evidence was legally sufficient for the jury to have found that the victim of the robbery sustained "physical injury” within the meaning of the statute (Penal Law § 160.10 [2] [a]; § 10.00 [9]; see, People v Ball, 140 AD2d 447, lv denied 72 NY2d 954). The victim testified that he sustained a cut on his left side, which bled and caused pain that lasted three days. The instrument that cut the victim penetrated his shirt and thermal underwear and left a scar, which was still visible at the time of trial. Although the wound did not require sutures,…