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PEOPLE v. TOWLES

Appellate Division of the Supreme Court of New York, Second Department.
Oct 18, 1993
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Ordered that the judgment is affirmed.

Viewing the evidence at trial in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support the defendant's convictions of assault in the second degree and assault in the third degree beyond a reasonable doubt (see, Penal Law § 120.05; § 120.00 [2]). Although the defendant asserts that the People failed to adduce sufficient proof of "physical injury", a necessary element to sustain the aforementioned assault convictions, we find that the complaining officer's testimony as to the extent of the injuries he sustained in apprehending the defendant established this element (see, People v. Bailey, 176 A.D.2d 809; People v. Crews, 159 A.D.2d 630; People v. Campbell, 157 A.D.2d 738; People v. Grimsley, 156 A.D.2d 714; People v Lundquist, 151 A.D.2d 505). Moreover, upon the exercise of our factual review power, we find that the verdict was not against the weight of the evidence (see, CPL 470.15). Bracken, J.P., Sullivan, Eiber and O'Brien, JJ., concur.