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159 A.D.2d 324

People v. Bracero

Appellate Division of the Supreme Court of the State of New York · decided 1990-03-13

Cited by 2 later decisions — most recently September 1992

1 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1990-03-13

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¶1Judgment, Supreme Court, New York County (Allen Alpert, J.), rendered April 28, 1988, convicting defendant after bench trial of two counts of robbery in the second degree and one count of grand larceny in the fourth degree, and sentencing him to concurrent terms of from 5 to 15 and 116 to 4 years’ imprisonment, respectively, to run consecutively with a sentence imposed under a separate indictment, is unanimously affirmed.

¶2Defendant was chased by passersby after snatching a purse and, during a struggle to subdue him, he inflicted certain injuries on two of those who interceded. We find that the severity and duration of the pain suffered by these two were such as to constitute "physical injury” within the meaning of Penal Law § 10.00 (9). Nor do we find any abuse of discretion in sentence imposed. Concur—Carro, J. P., Kassal, Ellerin, Wallach and Rubin, JJ.

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