People v. Briggman

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]).

Concur—Friedman, J.P., Acosta, Renwick and Richter, JJ.