People v. Fielding — 147 A.D.2d 494

Majority

p. 494

The People of the State of New York, Respondent, v Richard Fielding, Appellant.

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered May 22, 1987, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish that the complainant had suffered a "physical injury” within the meaning of Penal Law § 10.00 (9) (see, People v Rojas, 61 NY2d 726 , 727; People v Fields, 134 AD2d 365 ; cf., People v Williams, 127 AD2d 718 ).

We have considered the defendant’s remaining contentions and find them to be without merit. Thompson, J. P., Rubin, Spatt and Balletta, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 494
People v. Rojas 61 NY2d 726 N.Y. 1984-01-12 at 727 p. 494
People v. Fields 134 AD2d 365 N.Y. App. Div. 1987-11-09 p. 494
People v. Williams 127 AD2d 718 N.Y. App. Div. 1987-02-09 p. 494