PEOPLE v. McKINNEY


195 A.D.2d 1003 (1993)

600 N.Y.S.2d 566

The People of the State of New York, Respondent, v. David McKinney, Appellant

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

July 16, 1993


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from his conviction of robbery in the second degree. That charge resulted from a scuffle between defendant and a department store security guard that occurred when defendant attempted to flee from a shopping mall with stolen property. The People presented legally sufficient evidence that the security guard suffered a "physical injury", as defined by Penal Law § 10.00 (9). The guard testified...

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