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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY JAMES, Defendant-Appellant.

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.

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PEOPLE v. JAMES
(Dec 18, 2003)