PEOPLE v. WILLIAMS (2005)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Peter WILLIAMS, Defendant-Appellant.

Decided: December 08, 2005

ANDRIAS, J.P., SULLIVAN, WILLIAMS, GONZALEZ, CATTERSON, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Lisa Joy Robertson of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Marc Krupnick of counsel), for respondent.

Judgment, Supreme Court, New York County (Jeffrey M. Atlas, J.), rendered October 18, 2004, convicting defendant, after a nonjury trial, of two counts of attempted robbery in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 4 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility, including its rejection of defendant's claim that he was merely assisting the victim (see People v. Gaimari, 176 N.Y. 84, 94, 68 N.E. 112 [1903] ). The element of physical injury was satisfied by evidence that defendant repeatedly punched the victim, causing him to suffer bruising, swelling, lacerations and loss of consciousness (see People v. Guidice, 83 N.Y.2d 630, 636, 612 N.Y.S.2d 350, 634 N.E.2d 951 [1994] ).

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