Opinion
February 9, 1995
Appeal from the Supreme Court, New York County (Richard Andrias, J.).
Viewed in a light most favorable to the People, the complainant's testimony that she suffered a swollen and sore neck, back and arm after being pushed by defendant during the incident was sufficient to raise a jury question whether the requisite physical injury necessary to support a conviction of robbery in the second degree had been sustained (see, People v Pope, 174 A.D.2d 319, lv denied 78 N.Y.2d 1079; People v. Rodney, 134 A.D.2d 463). Nor did defendant's apparent absence from a preliminary discussion of Sandoval issues, which were thereafter resolved after argument in open court in defendant's presence, violate his right to be present at material stages of the trial, since his presence would have been wholly superfluous (see, People v. Favor, 82 N.Y.2d 254).
Concur — Ellerin, J.P., Wallach, Asch and Nardelli, JJ.