Opinion
2002-06554.
Decided June 1, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reichbach, J.), rendered June 25, 2002, convicting him of robbery in the second degree, assault in the second degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Barbara Lerner of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anthea H. Bruffee of counsel; Kimberly Wolf Price on the brief), for respondent.
Before: ANITA R. FLORIO, J.P. ROBERT W. SCHMIDT, THOMAS A. ADAMS, STEVEN W. FISHER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence of physical injury was legally insufficient to support the convictions of the crimes of robbery in the second degree and assault in the second degree is unpreserved for appellate review because he never specifically raised this issue at trial ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Parker, 3 A.D.3d 585, lv denied N.Y.3d [March 25, 2004]; People v. Branch, 306 A.D.2d 537, 538; People v. Fryar, 276 A.D.2d 641; People v. Sloan, 202 A.D.2d 525).
In any event, viewing the evidence regarding the nature and extent of the complainant's injuries in the light most favorable to the prosecution ( see People v. Williams, 84 N.Y.2d 925; People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see Penal Law §§ 120.05, 160.10; People v. Guidice, 83 N.Y.2d 630; People v. Morales, 245 A.D.2d 467; People v. Nix, 156 A.D.2d 722). The complainant's testimony as to the injuries he sustained and the pain he experienced was corroborated by the testimony of two other witnesses, as well as by photographic evidence submitted at trial.
FLORIO, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.