PEOPLE v. DELPH

The complainant's testimony that defendant choked her for one to two minutes, compressing her windpipe from behind and rendering her nearly unable to hear or see, established that she suffered physical injury, satisfying that element of burglary in the first degree and assault in the third degree (see, People v. Bogan, 70 N.Y.2d 860, 862).

We perceive no abuse of sentencing discretion.

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