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PEOPLE, res, v. MAURICE BRUNNER, def-ap

4381. PEOPLE, res, v. MAURICE BRUNNER, def-ap — Leonard J. Levenson, New York, for ap — Cyrus R. Vance, Jr., District Attorney, New York (Ellen Stanfield Friedman of counsel), for res — Judgment, Supreme Court, New York County (Charles H. Solomon, J. at pretrial proceedings; Gregory Carro, J. at jury trial and sentencing), rendered March 3, 2015, convicting defendant of robbery in the second degree, burglary in the second and third degrees and criminal possession of stolen property in the fifth degree, and sentencing him, as a persistent violent felony offender, to an aggregate term of 16 years to life, unanimously affirmed.

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4381. PEOPLE, res, v. MAURICE BRUNNER, def-ap — Leonard J. Levenson, New York, for ap — Cyrus R. Vance, Jr., District Attorney, New York (Ellen Stanfield Friedman of counsel), for res — Judgment, Supreme Court, New York County (Charles H. Solomon, J. at pretrial proceedings; Gregory Carro, J. at jury trial and sentencing), rendered March 3, 2015, convicting defendant of robbery in the second degree, burglary in the second and third degrees and criminal possession of stolen property in the fifth degree, and sentencing him, as a persistent violent felony offender, to an aggregate term of 16 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence (People v. Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations. There was ample evidence to support the physical injury element of second-degree robbery and burglary. The jury was entitled to credit the victim’s testimony that he sustained injuries to his tooth, left arm, lower back, and right knee when he fell while attempting to escape from defendant, that he sought medical treatment on the day of the incident, and that pain persisted for months after the incident (see People v. Guidice, 83 NY2d 630, 636 [1994]).

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