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PEOPLE v. ROJAS

61 N.Y.2d 726 (1984)

The People of the State of New York, Respondent, v. Caesar Rojas, Appellant.

Court of Appeals of the State of New York.

Decided January 12, 1984.

Attorney(s) appearing for the Case

Daniel E. Rosen and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Richard E. Haftel and Billie Manning of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant contends that his motion for dismissal of the assault, second degree, charge should have been granted because the People failed to prove that the victim suffered "substantial pain" within the meaning of subdivision 9 of section 10.00 and subdivision 2 of section 120.05 of the Penal Law. The People rejoin that they are only required to prove...

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