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PEOPLE v. BALL

140 A.D.2d 447 (1988)

The People of the State of New York, Respondent, v. Raymond Ball, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 9, 1988

Ordered that the judgment is affirmed.

We conclude that there was legally sufficient evidence for the jury to have found that the victim sustained "physical injury" within the meaning of Penal Law § 10.00 (9) (see, People v Greene, 70 N.Y.2d 860). The victim testified that the defendant choked him and he fell down on his knees; he and the defendant struggled and the...

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