People v. Lunetta

In People v. Lunetta (38 AD3d 1303 [4th Dept 2007], lv denied 8 NY3d 987 [2007] the victim testified that during a robbery she sustained bruising on her arm, swelling of two fingers on her left hand and a bump on her head. With respect to her arm, she testified that it was sore, bruised, painful and black and blue for about a week. She said her fingers were painful and that she was unable to move them for about two weeks. The victim said she could not pursue normal activities with her left hand in the days following the robbery because of the swelling in her hand. The Court found the victim's testimony that she could not move her swollen hands for about two weeks legally insufficient because the injury was again "not further explained" and inadequate to show the manner in which the victim's activities were curtailed.