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PEOPLE v. BROWN

2010-04562.

95 A.D.3d 1229 (2012)

945 N.Y.S.2d 334

2012 NY Slip Op 4022

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERMAN BROWN, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 23, 2012.

Ordered that the judgment is affirmed.

The defendant's sole contention on this appeal is that the evidence was legally insufficient to support the finding that the complainant suffered "physical injury," an element of the crime of assault in the second degree (Penal Law § 120.05 [2]). The necessary element of "`[p]hysical injury'" is defined by Penal Law § 10.00 (9) as either the "impairment of physical condition

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