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PEOPLE v. PINNOCK

2014-07721. Ind. No. 8332/12.

201 A.D.3d 956 (2022)

157 N.Y.S.3d 731

2022 NY Slip Op 00437

The People of the State of New York, Respondent, v. Carl Pinnock, Appellant.

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

Decided January 26, 2022.

Attorney(s) appearing for the Case

Patricia Pazner, New York, NY (Benjamin Welikson of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel), for respondent.

Rivera, J.P., Hinds-Radix, Ford and Dowling, JJ., concur.

Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish that the complainant suffered a "physical injury" (Penal Law § 10.00[9]) to support his convictions of assault in the second degree and assault in the third degree is unpreserved for appellate review (see CPL 470.05[2]) and, in any event, without merit. Viewing the evidence in the light most favorable to the prosecution (see People...

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