PEOPLE v. SMITH

Ind. No. 1300/19, Appeal No. 1629, Case No. 2020-01852.

2024 NY Slip Op 00682

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMIEN SMITH, Defendant-Appellant.

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

Decided February 8, 2024.


Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Rachel Lindy of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Faith DiTrolio of counsel), for respondent.

Before: Oing, J.P., González, Shulman, Pitt-Burke, Higgitt, JJ.


Judgment, Supreme Court, New York County (Gilbert C. Hong, J.), rendered February 13, 2020, convicting defendant, after a jury trial, of attempted robbery in the second degree, and sentencing him to a term of 364 days, unanimously affirmed.

The evidence established that the victim sustained a "physical injury" beyond a reasonable doubt to support defendant's conviction of attempted second-degree robbery (Penal Law § 160.10[2][a]). To establish physical injury...

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