MATTER OF PHILIP A.


49 N.Y.2d 198 (1980)

In the Matter of Philip A., a Person Alleged to be a Juvenile Delinquent, Appellant.

Court of Appeals of the State of New York.

Decided January 8, 1980.


Attorney(s) appearing for the Case

John F. McGlynn, William E. Hellerstein and Charles Schinitsky for appellant.

Allen G. Schwartz, Corporation Counsel (L. Kevin Sheridan of counsel), for respondent, precluded.

Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Judge MEYER; Chief Judge COOKE dissents and votes to affirm in a separate opinion in which Judge JASEN concurs.


MEYER, J.

When is pain "substantial" within the meaning of subdivision 9 of section 10.00 of the Penal Law? The question arises in a juvenile delinquency proceeding in which respondent was proven to have twice hit the complainant in the face, causing him to cry, his face to feel like bumps were coming on it though none did, causing red marks on his face, and causing

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