PEOPLE v. CHERY

2014-04607, Ind. No. 4852/13.

157 A.D.3d 812 (2018)

66 N.Y.S.3d 887

2018 NY Slip Op 00305

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANTO CHERY, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 17, 2018.


Ordered that the judgment is affirmed.

The defendant contends that the evidence was legally insufficient to support the finding that the complainant suffered "physical injury," an element of the crimes of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10[2][a]) and assault in the third degree (Penal Law § 120.00[1]). Physical injury is defined as either the impairment of physical condition or substantial pain (see Penal Law...

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