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PEOPLE v. CHIDDICK

8 N.Y.3d 445 (2007)

866 N.E.2d 1039

834 N.Y.S.2d 710

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES CHIDDICK, Appellant.

Court of Appeals of the State of New York.

Decided May 1, 2007.

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York City (Jamie Lynn Craver and Jonathan K. Youngwood of counsel), and Office of the Appellate Defender (Richard M. Greenberg and Risa Gerson of counsel) for appellant.

Robert T. Johnson, District Attorney, Bronx (Leilani Rodriguez, Joseph N. Ferdenzi and Peter D. Coddington of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

We hold that the evidence in this case was sufficient to support the jury's finding that defendant caused "substantial pain" and therefore "physical injury" to his victim.

Defendant made the mistake of committing burglary in a building where Adrian Gentles was working. Gentles confronted him and the two scuffled, defendant trying to escape and Gentles trying to hold on to him. Defendant bit Gentles on the left ring...

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