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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD SPRY, Appellant.

Defendant's claims are unpreserved, and in any event, without merit. Evidence that defendant and two companions followed the complainant onto an elevator, where, once alone, either defendant or the codefendant pushed the complainant into the third, unapprehended man, who punched the complainant in the mouth and took money from his pocket as defendant and the codefendant stood by menacingly, with their hands in their pockets, in a manner suggesting to the victim the presence of weapons, and that defendant and the codefendant kicked over the complainant's bags as the third man held the elevator door and the three exited, was legally sufficient to prove that defendant shared the intent of the third man to deprive the complainant of his money ( see, People v Davis, 186 AD2d 437, lv denied 81 NY2d 787). The testimony that the complainant's lip bled a great deal and that his mouth and lip were swollen and painful for several days was legally sufficient to prove a physical injury within the meaning of Penal Law § 160.10 (2) (a) ( see, People v Pope, 174 AD2d 319, lv denied 78 NY2d 1079). We further find that the verdict was not against the weight of the evidence.

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PEOPLE v. SPRY
(Oct 10, 1996)