PEOPLE v. GODFREY

Ind. No. 173/16. Appeal No. 14444. Case No. 2018-5066.

199 A.D.3d 590 (2021)

157 N.Y.S.3d 18

2021 NY Slip Op 06560

The People of the State of New York, Respondent, v. Raymond Godfrey, Appellant.

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

Decided November 23, 2021.


Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of The Appellate Defender, New York ( Katherine M. A. Pecore of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Jennifer Westphal of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Scarpulla, Rodriguez, Higgitt, JJ.


The physical injury element of second-degree assault was supported by legally sufficient evidence. The jury could have reasonably found, from all the evidence including a videotape, audio evidence, and police observations, that defendant's repeated striking of the victim in the face with what appeared to be a firearm, resulting in a bloody gash, exceeded mere "petty slaps, shoves, kicks and the like" (Matter of Philip A., 49 N.Y.2d 198<...

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