Opinion
2545, 2545A.
Decided December 18, 2003.
Judgment, Supreme Court, New York County (John Bradley, J.), rendered May 23, 2002, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 10 years, and order, same court and Justice, entered on or about September 26, 2002, which denied defendant's motion to vacate the judgment, unanimously affirmed.
Holly Agajanian, for Respondent.
Lisa Lewis, for Defendant-Appellant.
Before: Nardelli, J.P., Tom, Andrias, Rosenberger, Friedman, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The element of physical injury was established by evidence that defendant punched the victim twice in the face during the robbery, causing pain, swelling and headaches ( see People v. Guidice, 83 N.Y.2d 630, 636; People v. Smith, 283 A.D.2d 208, lv denied 96 N.Y.2d 907; Matter of O'Shanna T., 238 A.D.2d 287).
The challenged portions of the prosecutor's summation did not deprive defendant of a fair trial. There was no pattern of egregious remarks or misstatements of the record warranting reversal ( see People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.