People v. Briggman , 26 N.Y.S.3d 464 ( 2016 )

People v Briggman (2016 NY Slip Op 01591)

People v Briggman

2016 NY Slip Op 01591

Decided on March 8, 2016

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 8, 2016
Friedman, J.P., Acosta, Renwick, Richter, JJ.

415 3109/11

[*1]The People of the State of New York, Respondent,

v

Ruben Briggman, Defendant-Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Susan Epstein of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.

Judgment, Supreme Court, New York County (Patricia Nunez, J.), rendered April 30, 2012, as amended July 13, 2012, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 18 years to life, unanimously affirmed.

The verdict was supported by legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The evidence supports an inference that the victim's injuries were more than mere "petty slaps, shoves, kicks and the like" (Matter of Philip A., 49 NY2d 198, 200 [1980]), and that they caused "more than slight or trivial pain" (People v Chiddick, 8 NY3d 445, 447 [2007]; see also People v Guidice, 83 NY2d 630, 636 [1994]). Defendant punched the victim in the face with a closed fist, causing pain that required the use of ice and over-the-counter medication, disorientation, dizziness, blurred vision and eye irritation. She suffered these symptoms for approximately a week and photographs showed discoloration around her eye three days after the incident (see e.g. People v James, 2 AD3d 291 [1st Dept 2003], lv denied 2 NY3d 741 [2004]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 8, 2016

DEPUTY CLERK