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PEOPLE v. SMITH

283 A.D.2d 208 (2001)

726 N.Y.S.2d 12

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WARREN SMITH, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 8, 2001.

The verdict was based on legally sufficient evidence and not against the weight of the evidence. The element of physical injury was established by evidence that defendant punched the victim on the side of the head during the robbery, causing a bump and a bruise with resulting soreness, as well as pain when eating for approximately a week thereafter (see, People v Guidice, 83 N.Y.2d 630, 636; People v Marsh,

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