People v. Windbush

In People v. Windbush (163 AD2d 591 [2d Dept 1990], lv denied 76 NY2d 945 [1990] the complainant robbery victim was assaulted by a defendant and codefendants who punched him in the head and ribs, grabbed his arm and attempted without success to remove a ring from his finger. The complainant's mouth was bleeding, his ribs bothered him and he testified that he could not lift his arm for four or five days. Finding the evidence of physical injury to be legally insufficient, the Court focused on the fact that the complainant did not seek medical attention did not miss school and that his inability to lift his arm was not "further explained."