People v. Bunton

Summary

The New York Appellate Division, Fourth Department, modified Ronnie Bunton's judgment by reversing and dismissing one assault in the second degree count because the evidence was legally insufficient to establish physical injury. The court affirmed the remaining convictions, concluding that the other assault conviction was not against the weight of the evidence and that the resisting-arrest count was not duplicitous.

Holdings

1. The evidence was legally insufficient to establish that the officer sustained physical injury because it did not sufficiently establish substantial pain or impairment of physical condition.
2. The verdict on count two was not against the weight of the evidence.
3. The resisting-arrest count was not rendered duplicitous by the trial testimony because defendant's multiple acts constituted a single, uninterrupted crime rather than distinct criminal acts.

Questions Presented

1. Whether the evidence was legally sufficient to establish the physical injury element of assault in the second degree charged in count three.
2. Whether the conviction for assault in the second degree under count two was against the weight of the evidence.
3. Whether trial testimony rendered the resisting-arrest count duplicitous.

Disposition

reversed_and_remanded