PEOPLE v. JONES

5150. 2540/12.

156 A.D.3d 440 (2017)

64 N.Y.S.3d 533

2017 NY Slip Op 08602

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IVAN JONES, Appellant.

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

Decided December 7, 2017.


Defendant did not preserve his claim that the evidence was legally insufficient to establish that the victim's injury occurred in the course of a robbery, and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. We also reject defendant's preserved challenge to the sufficiency of the evidence establishing that the injury rose to the level of "[p]hysical injury" (Penal Law § 10.00 [9]), and find that the verdict...

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