People v Moye

People v Moye 2011 NY Slip Op 00553 Decided on February 1, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 1, 2011
Tom, J.P., Mazzarelli, Renwick, Freedman, Manzanet-Daniels, JJ.
4141 6074/07

[*1]The People of the State of New York, Respondent,

v

Arnold Moye, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Bruce D. Austern of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Martin J.
Foncello of counsel), for respondent.

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered October 14, 2008, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 5 years, unanimously affirmed.

Defendant's challenge to the legal sufficiency of the evidence is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find that the verdict was based on legally sufficient evidence. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's credibility determinations, including its conclusion that defendant took property from the victim. There was ample evidence to support the physical injury element of second-degree robbery under Penal Law § 160.10(2)(a), where the victim had a swollen face and lip and required 6 stitches to close the laceration. Moreover, minor injury may satisfy the statutory definition, if it causes "more than slight or trivial pain" (People v Chiddick, 8 NY3d 445, 447 [2007][fingernail injury]; see also People v Guidice, 83 NY2d 630, 636 [1994]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 1, 2011

CLERK