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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK McCLENNON, Defendant-Appellant.

The verdict was based on legally sufficient evidence and not against the weight of the evidence. The element of physical injury was established by evidence that defendant punched the victim in her mouth during the robbery, causing a laceration in her lip that bled, and resulted in soreness, pain and swelling, as well as difficulty in eating for about three days thereafter (see, People v. Smith, 283 A.D.2d 208;People v. Marsh, 264 A.D.2d 647, lv denied 94 N.Y.2d 825).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. McCLENNON
(Oct 11, 2001)