PEOPLE v. SUTTON


161 A.D.2d 612 (1990)

The People of the State of New York, Respondent, v. Stanley Sutton, Appellant

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

May 7, 1990


Ordered that the judgment is affirmed.

The defendant contends that the prosecution failed to adduce legally sufficient evidence that the complainant Elizabeth Romero suffered a "physical injury" as defined in Penal Law § 10.00 (9) in order to sustain his convictions of burglary in the first degree and assault in the second degree. However, as the defendant did not raise a specific objection on this ground in his motion for a trial order of dismissal, the issue...

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