PEOPLE v. RIVERA


158 A.D.2d 340 (1990)

The People of the State of New York, Respondent, v. Freddie Rivera, Appellant

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

February 13, 1990


The complainant was knocked to the ground by a punch to the throat, after which a gold chain was violently ripped from her neck. Bystanders chased defendant and apprehended him. Neck pain persisted for at least a week, and residual effects were still felt at trial more than a year and one half later. The pain suffered by the victim is sufficient to meet the definition of "physical injury" (Penal Law § 10.00 [9]) and to sustain conviction for robbery in the second degree...

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