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PEOPLE v. BARNES

35 A.D.3d 170 (2006)

826 N.Y.S.2d 28

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS BARNES, Appellant.

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

Decided December 5, 2006.

There was ample evidence establishing that the victim sustained, at the very least, physical injury (see Penal Law § 10.00 [9]; People v Guidice, 83 N.Y.2d 630, 636 [1994]), and we reject defendant's argument that the verdict was against the weight of the evidence with respect to that element. There is no basis for disturbing the jury's determinations concerning the credibility of the victim's description of his injury...

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