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PEOPLE, res, v. HERBERT DEAS, def-ap

8976. PEOPLE, res, v. HERBERT DEAS, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Katharine Skolnick of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), for res — Judgment, Supreme Court, New York County (Marcy L. Kahn, J., at suppression hearing; Ronald A. Zweibel, J., at nonjury trial and sentencing), rendered March 3, 2011, convicting defendant of burglary in the second degree and two counts of attempted robbery in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 16 years to life, unanimously affirmed.

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8976. PEOPLE, res, v. HERBERT DEAS, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Katharine Skolnick of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), for res — Judgment, Supreme Court, New York County (Marcy L. Kahn, J., at suppression hearing; Ronald A. Zweibel, J., at nonjury trial and sentencing), rendered March 3, 2011, convicting defendant of burglary in the second degree and two counts of attempted robbery in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 16 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v. Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s determinations concerning credibility. The evidence supported the conclusion that a bank employee sustained physical injury during this incident. Relatively minor injuries (see People v. Chiddick, 8 NY3d 445, 447 [2007]), including injuries not requiring medical treatment (see People v. Guidice, 83 NY2d 630, 636 [1994]) may meet the statutory threshold for physical injury. Here, the victim sustained injuries to his shin and elbow that interfered with his walking, writing and sleeping for several days.

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