PEOPLE v. PINERO-BAEZ

The court properly exercised its discretion in permitting the People to introduce a threatening statement, containing the words "I shoot people," that defendant made to a court officer who was trying to escort him back to Department of Correction custody following a court appearance. This entire statement, including the quoted phrase, expressed a threat to use force against the officer, and was highly probative of defendant's intent to prevent the officer "from performing a lawful duty" (Penal Law § 120.05). In any event, even if the phrase "I shoot people" should have been redacted, its admission was harmless.

The verdict was not against the weight of the evidence ( see People v Danielson, 9 NY3d 342, 348-349). There was ample evidence to support the element of physical injury ( see e.g. People v Wade, 41 AD3d 288, lv denied 9 NY3d 883). That element can be established through a victim's credible description of his or her injuries ( see People v Guidice, 83 NY2d 630, 636); in any event, the officer's testimony was corroborated by medical records.

We perceive no basis for reducing the sentence.