PEOPLE v. BROADWATER

Reset A A Font size: Print

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. Harold M. BROADWATER, Defendant-Appellant.

Decided: March 31, 1999

Present:  PINE, J.P., HAYES, WISNER, HURLBUTT and SCUDDER, JJ. David Rothschild,Onondaga County District Attorney's Office, Syracuse (James Maxwell, of counsel), for plaintiff-respondent. Philip Rothschild, Frank H. HiscockLegal Aid Society, Syracuse, for defendant-appellant.

Defendant appeals from a judgment convicting him of robbery in the second degree (Penal Law § 160.10[2][a] ).   We reject defendant's contention that the evidence is legally insufficient to establish that the victim sustained a physical injury within the meaning of Penal Law § 10.00(9).   The victim sustained a one-inch laceration to his wrist that required medical attention and a jammed thumb that swelled and “hurt like hell” for several days, impeding his work (see, People v. Sekoll, 254 A.D.2d 797, 679 N.Y.S.2d 225).   We further conclude that the verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   Defendant's contention that County Court erred in failing to give an adverse inference instruction is not preserved for our review (see, CPL 470.05[2] ), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15[6][a] ).

Judgment unanimously affirmed.

MEMORANDUM: