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People v. Oliver

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


June 9, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
HENRY OLIVER, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Peck, J.), rendered July 16, 2007, convicting him of assault in the second degree, false personation, and petit larceny, after a non-jury trial, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

MARK C. DILLON, J.P., ANITA R. FLORIO, RUTH C. BALKIN and LEONARD B. AUSTIN, JJ.

(Ind. No. 1538/06)

DECISION & ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the evidence was legally sufficient to support his conviction of assault in the second degree. Viewing the evidence in the light most favorable to the prosecution, as we must (see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish, beyond a reasonable doubt, that the complainant police officer sustained a physical injury within the meaning of Penal Law § 10.00(9) (see e.g. People v Tejeda, 78 NY2d 936, 937-938, cert denied sub nom. Tejada v Senkowski 513 US 887; People v Williams, 23 AD3d 589, 590; People v McKinney, 195 AD2d 1003; People v Rivera, 183 AD2d 792, 793).

Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt of assault in the second degree was not against the weight of the evidence (see People v Romero, 7 NY3d 633).

DILLON, J.P., FLORIO, BALKIN and AUSTIN, JJ., concur.

20090609

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