PEOPLE v. DAVIS (2001)

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered October 23, 1998, convicting defendant, after a jury trial, of robbery in the second degree and grand larceny in the fourth degree, and sentencing him to concurrent terms of 7 1/212 to 15 years and 1 1/313 to 4 years, respectively, unanimously affirmed.

There was legally sufficient evidence to support the element of physical injury required for robbery in the second degree (Penal Law §§ 10.00[9];  160.10[2][a] ), and the verdict was not against the weight of the evidence with respect to that element (see, People v. Brown, 145 A.D.2d 301, 302, 535 N.Y.S.2d 366, lv. denied 73 N.Y.2d 1012, 541 N.Y.S.2d 766, 539 N.E.2d 594).   The victim testified as to her substantial pain and impairment of physical condition (People v. Valentine, 212 A.D.2d 399, 622 N.Y.S.2d 683, lv. denied 85 N.Y.2d 944, 627 N.Y.S.2d 1006, 651 N.E.2d 931).