People v Stone

People v Stone 2007 NY Slip Op 09073 [45 AD3d 406] November 20, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

The People of the State of New York, Respondent,
v
John Stone, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Svetlana M. Kornfeind of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Jared Wolkowitz of counsel), for respondent.

Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered January 17, 2006, convicting him, after a jury trial, of assault in the second degree, criminal mischief in the third degree and resisting arrest, and sentencing him, as a second felony offender, to an aggregate term of four years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence that the police officer sustained a physical injury (see Penal Law § 10.00 [9]; People v Guidice, 83 NY2d 630, 636 [1994]; People v Chiddick, 8 NY3d 445 [2007]), including the officer's testimony that he was cut and bleeding, was in pain, required stitches, suffered from increased migraines, and was absent from work for several days as a result of the incident. Concur—Lippman, P.J., Mazzarelli, Marlow, Catterson and Kavanagh, JJ.