Appellate Division of the Supreme Court of New York, 1985

People v. Brunson

People v. Brunson
Appellate Division of the Supreme Court of New York · Decided November 15, 1985
115 A.D.2d 295; 496 N.Y.S.2d 706; 1985 N.Y. App. Div. LEXIS 54557
People v. Brunson

Opinion of the Court

Judgment unanimously modified, on the law and facts, and, as modified, affirmed, in accordance with the following memorandum: Defendant’s conviction of robbery in the second degree in violation of Penal Law § 160.10 (2) (a) is reversed and the sentence imposed thereon vacated since the People have not established that the victim sustained a "physical injury” within the meaning of Penal Law § 10.00 (9). We have examined defendant’s remaining arguments and find them to be without merit. (Appeal from judgment of Supreme Court, Erie County, Marshall, J.— robbery, second degree.) Present—Callahan, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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