People v. Briggs, 285 A.D.2d 651 (N.Y. App. Div. 2001). · Go Syfert
People v. Briggs, 285 A.D.2d 651 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
24 citation events (24 in the last 25 years) across 4 distinct courts.
Strongest positive: People v. Williams (nyappdiv, 2017-01-18)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2017 · confidence medium
Under these circumstances, there was insufficient evidence from which a jury could infer that the complainant suffered substantial pain or impairment of physical condition as a result of the defendant’s use of the bat (see People v Boney, 119 AD3d 701, 702 [2014]; People v Taylor, 83 AD3d 1105, 1106 [2011]; People v Baksh, 43 AD3d 1072, 1073-1074 [2007]; People v Briggs, 285 AD2d 651, 652 [2001]; People v Cheeks, 161 AD2d 657, 657 [1990]).
discussed Cited as authority (rule) People v. Jones
N.Y. App. Term. · 2015 · confidence medium
Consequently, the testimony of the victim, which the jury was entitled to credit (see People v Guidice, 83 NY2d at 636 ), and the testimony of the detective with respect to the victim’s injury, established that the victim suffered “substantial pain” as defined in Penal Law § 10.00 (9), and, accordingly, the evidence established, beyond a reasonable doubt, the “physical injury” element of assault in the third degree (Penal Law § 120.00 [1]; see People v Smalls, 92 AD3d 420, 420-421 [2012]; People v Gurley, 28 AD3d 347 [2006]; People v Marsh, 264 AD2d 647 [1999]; cf. People v Perry, …
discussed Cited as authority (rule) People v. Boley
N.Y. App. Div. · 2013 · confidence medium
Accordingly, there was insufficient evidence that the complainant suffered a “physical injury” (see Matter of Philip A., 49 NY2d 198, 199-200 [1980]; People v Taylor, 83 AD3d 1105, 1106 [2011]; People v Zalevsky, 82 AD3d 1136, 1137 [2011]; People v Baksh, 43 AD3d 1072, 1073-1074 [2007]; People v Richmond, 36 AD3d 721, 722 [2007]; People v Baez, 13 AD3d 463, 464 [2004]; People v Briggs, 285 AD2d 651, 652 [2001]), and the judgment must be reversed and the indictment dismissed.
discussed Cited as authority (rule) People v. Boley
N.Y. App. Div. · 2013 · confidence medium
Accordingly, there was insufficient evidence that the complainant suffered a “physical injury” (see Matter of Philip A., 49 NY2d 198, 199-200 [1980]; People v Taylor, 83 AD3d 1105, 1106 [2011]; People v Zalevsky, 82 AD3d 1136, 1137 [2011]; People v Baksh, 43 AD3d 1072, 1073-1074 [2007]; People v Richmond, 36 AD3d 721, 722 [2007]; People v Baez, 13 AD3d 463, 464 [2004]; People v Briggs, 285 AD2d 651, 652 [2001]), and the judgment must be reversed and the indictment dismissed.
discussed Cited as authority (rule) People v. Burch
N.Y. App. Div. · 2012 · confidence medium
Although a criminal defendant indeed has a statutory right to be present for such conferences (see CPL 260.20; People v Vargas, 88 NY2d 363, 375-376 [1996]; People v Antommarchi, 80 NY2d 247, 250 [1992]), this right may be waived by the defendant or his or her attorney (see People v Velasquez, 1 NY3d 44, 49-50 [2003]; People v Abdullah, 28 AD3d 940, 941 [2006], lv denied 7 NY3d 784 [2006]; People v Beverly, 6 AD3d 874, 875 [2004], lv denied 3 NY3d 637 [2004]) and, in any event, must be balanced against the trial court’s “duty to maintain an orderly and secure courtroom” (People v Briggs,…
discussed Cited as authority (rule) People v. Burch
N.Y. App. Div. · 2012 · confidence medium
Although a criminal defendant indeed has a statutory right to be present for such conferences (see CPL 260.20; People v Vargas, 88 NY2d 363, 375-376 [1996]; People v Antommarchi, 80 NY2d 247, 250 [1992]), this right may be waived by the defendant or his or her attorney (see People v Velasquez, 1 NY3d 44, 49-50 [2003]; People v Abdullah, 28 AD3d 940, 941 [2006], lv denied 7 NY3d 784 [2006]; People v Beverly, 6 AD3d 874, 875 [2004], lv denied 3 NY3d 637 [2004]) and, in any event, must be balanced against the trial court’s “duty to maintain an orderly and secure courtroom” (People v Briggs,…
discussed Cited as authority (rule) People v. Taylor
N.Y. App. Div. · 2011 · confidence medium
Accordingly, there was not sufficient evidence from which a jury could infer that she suffered substantial pain (see People v Richmond, 36 AD3d 721, 722 [2007]; People v Pierrot, 31 AD3d 582 [2006]; People v Almonte, 23 AD3d 392, 393-394 [2005]; People v Baez, 13 AD3d 463, 464 [2004]; People v Briggs, 285 AD2d 651, 652 [2001]; People v Barnes, 261 AD2d 409, 410 [1999]; People v DiStefano, 252 AD2d 530, 530-531 [1998]; People v Holden, 148 AD2d 635 [1989]; cf. People v Greene, 70 NY2d 860, 862 [1987]; People v Cannon, 300 AD2d 407, 408 [2002]; People v Daniels, 159 AD2d 631, 631-632 [1990]).
discussed Cited as authority (rule) People v. Flora
N.Y. App. Div. · 2011 · confidence medium
As this Court previously concluded on the appeal of one of the codefendants (see People v Phillips, 68 AD3d 1137 [2009]), viewing the evidence in the light most favorable to the prosecution, the evidence presented at trial was not legally sufficient to establish that the complainant, Clarence Washington, sustained a “physical injury” within the meaning of Penal Law § 10.00 (9), as “there was neither sufficient evidence of the extent of Washington’s injuries, nor sufficient evidence from which a jury could infer that he suffered substantial pain” (People v Phillips, 68 AD3d at 1138 ;…
discussed Cited as authority (rule) People v. Hill
N.Y. App. Div. · 2011 · confidence medium
As this Court previously concluded on the appeal of one of the codefendants (see People v Phillips, 68 AD3d 1137 [2009]), viewing the evidence in the light most favorable to the prosecution, the evidence presented at trial was not legally sufficient to establish that the complainant, Clarence Washington, sustained a “physical injury” within the meaning of Penal Law § 10.00 (9), as “there was neither sufficient evidence of the extent of Washington’s injuries, nor sufficient evidence from which a jury could infer that he suffered substantial pain” (People v Phillips, 68 AD3d at 1138 ;…
discussed Cited as authority (rule) People v. Zalevsky
N.Y. App. Div. · 2011 · confidence medium
This was insufficient to establish that the peace officer suffered a “physical injury” (see People v Scott, 70 AD3d 978 [2010]; People v Baksh, 43 AD3d 1072 [2007]; People v Richmond, 36 AD3d 721, 722 [2007]; People v Briggs, 285 AD2d 651, 652 [2001]; People v Barnes, 261 AD2d 409, 410 [1999]; People v DiStefano, 252 AD2d 530 [1998]; People v Cheeks, 161 AD2d 657 [1990]; cf. People v Chiddick, 8 NY3d 445, 448 [2007]).
discussed Cited as authority (rule) People v. Phillips
N.Y. App. Div. · 2009 · confidence medium
Here, there was neither sufficient evidence of the extent of Washington’s injuries, nor sufficient evidence from which a jury could infer that he suffered substantial pain (see People v Pierrot, 31 AD3d 582 [2006]; People v Chapero, 23 AD3d 492 [2005]; People v Almonte, 23 AD3d 392, 393-394 [2005]; People v Briggs, 285 AD2d 651, 652 [2001]; People v Holden, 148 AD2d 635 [1989]; People v Francis, 112 AD2d 167 [1985]).
discussed Cited as authority (rule) People v. Gill
N.Y. App. Div. · 2008 · confidence medium
Thus, the People established the element of physical injury beyond a reasonable doubt (see People v Chiddick, 8 NY3d 445, 447 [2007]; People v Gomez, 43 AD3d 763, 763-764 [2007]; People v Krotoszynski, 43 AD3d 450, 452-453 [2007]; People v Berry, 273 AD2d 120, 121 [2000]; People v Dailey, 222 AD2d 278, 279 [1995]; People v Fields, 118 AD2d 725, 726 [1986]; cf. People v Jimenez, 55 NY2d 895, 896 [1982]; People v Briggs, 285 AD2d 651, 652 [2001]; People v Barnes, 261 AD2d 409, 410 [1999]; People v Estes, 131 AD2d 872 [1987]).
discussed Cited as authority (rule) People v. Baksh
N.Y. App. Div. · 2007 · confidence medium
One “relevant” consideration when determining whether a complaining witness experienced substantial pain is whether the witness “sought medical treatment” for their injuries (People v Chiddick, 8 NY3d 445, 447 [2007]), and here, neither of the men sought medical attention (see People v Briggs, 285 AD2d 651, 652 [2001]).
discussed Cited as authority (rule) People v. Richmond
N.Y. App. Div. · 2007 · confidence medium
Thus, there was neither sufficient evidence of the extent of the complainant’s physical injuries, nor sufficient evidence from which a jury could infer that he suffered substantial pain (see People v Pierrot, 31 AD3d 582 [2006]; People v Almonte, 23 AD3d 392, 393-394 [2005]; People v Baez, 13 AD3d 463, 464 [2004]; People v Briggs, 285 AD2d 651, 652 [2001]; People v Barnes, 261 AD2d 409, 410 [1999]; People v DiStefano, 252 AD2d 530, 530-531 [1998]; People v Sanders, 245 AD2d 471, 472 [1997]; People v Foster, 162 AD2d 703, 704 [1990]).
discussed Cited as authority (rule) People v. Chapero
N.Y. App. Div. · 2005 · confidence medium
Without sufficient evidence of the extent of the complainant’s injuries or that the complainant was in substantial pain, the evidence adduced at trial was legally insufficient to support the defendant’s conviction of robbery in the second degree under the second count of the indictment (see Penal Law § 160.10 [2] [a]; Matter of Philip A., 49 NY2d 198, 200 [1980]; People v Briggs, 285 AD2d 651, 652 [2001]).
examined Cited "see" State v. Thornton (3×)
R.I. · 2002 · signal: see · confidence high
See People v. Briggs, 728 N.Y.S.2d 763, 765 (N.Y.
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Lionel Briggs
Appellate Division of the Supreme Court of the State of New York.
Jul 30, 2001.
285 A.D.2d 651
2001 N.Y. App. Div. LEXIS 7710
Cited by 23 opinions  |  Published

—Motion by the appellant for reargument of an appeal from a judgment of the Supreme Court, Queens County (Pitaro, J.), rendered September 22, 1993, which was determined by decision and order of this Court dated October 30, 1995.

Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is

Ordered that the motion is granted, and, upon reargument, the decision and order of this Court dated October 30, 1995, in the above-entitled case (People v Briggs, 220 AD2d 762) is recalled and vacated, and the following decision and order is substituted therefor:

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Pitaro, J.), rendered September 22, 1993, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence. Justice Krausman has been substituted for former Justice Joy (see, 22 NYCRR 670.1 [c]).

Ordered that the judgment is modified, on the law, by vacating the conviction of robbery in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The defendant’s contention that the People failed to prove[*652] his identification beyond a reasonable doubt is without merit. The identification issue presented questions of the credibility of the complainant and the defendant’s witnesses. Resolution of issues of credibility and the weight to be accorded to the evidence presented are primarily questions to be determined by the jury, which saw and heard the witnesses (see, People v Gaimari, 176 NY 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 AD2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15 [5]). The complainant’s single error in recalling the date of one of his previous encounters with the defendant does not diminish the otherwise strong identification evidence.

However, we agree with the defendant’s contention that the People failed to present legally sufficient evidence of physical injury to sustain his conviction of robbery in the second degree (see, Penal Law § 160.10 [2] [a]). Physical injury is defined as “impairment of physical condition or substantial pain” (Penal Law § 10.00 [9]). Although the question of whether physical injury has been established is for the jury to decide, “there is an objective level * * * below which the question is one of law” (Matter of Philip A., 49 NY2d 198, 200; see, People v Jones, 196 AD2d 889).

In this case, the evidence indicates that the defendant punched the complainant in the right side of the face and that the complainant’s right shoulder and throat hurt from his struggle with the defendant. The complainant, who did not seek medical assistance, treated his aches and pain, with ice, Tylenol, and iodine, and stayed home from work for three or four days. Without further evidence of the extent of the complainant’s injuries or that the complainant was in substantial pain, the evidence that was adduced at trial is legally insufficient to support the defendant’s conviction of robbery in the second degree.

There is no merit to the defendant’s contention that reversal of his conviction is warranted because court officers accompanied him to the side-bar conferences during jury selection (see, People v Antommarchi, 80 NY2d 247). In accommodating the defendant’s right to be present at side-bar conferences, the trial court must balance the defendant’s right with its duty to maintain an orderly and secure courtroom (see, 22 NYCRR 700.5 [a], [d]). Assigning court officers to accompany the defendant at side-bar conferences is an acceptable method of balanc[*653] ing those two interests (see, People v Cousart, 217 AD2d 556; People v Moton, 215 AD2d 781).

The defendant’s sentence is not excessive (see, People v Jackson, 208 AD2d 862; People v Suitte, 90 AD2d 80). Bracken, P. J., Santucci, Krausman and Friedmann, JJ., concur.