PEOPLE v. GOMEZ


43 A.D.3d 763 (2007)

842 N.Y.S.2d 21

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAUL GOMEZ, Appellant.

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

Decided September 25, 2007.


Defendant did not preserve his challenge to the sufficiency of the evidence of physical injury, an element of first-degree stalking under Penal Law § 120.60 (1), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the evidence was legally sufficient. We further conclude that the verdict was not against the weight of the evidence. The element of physical injury was established by proof that defendant repeatedly punched...

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