PEOPLE v. McDOWELL


28 N.Y.2d 373 (1971)

The People of the State of New York, Respondent, v. Samuel E. McDowell, Appellant.

Court of Appeals of the State of New York.

Decided May 13, 1971.


Attorney(s) appearing for the Case

George W. Harder for appellant.

Arnold W. Proskin, District Attorney (James F. Downs of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.


MEMORANDUM.

The judgment should be modified by reversing the conviction for assault in the second degree under the second count and dismissing that count of the indictment, and, as so modified, the judgment should be affirmed.

While the Penal Law (§ 120.05, subd. 3) requires no particular degree of physical impairment or substantial pain under the definition of physical injury in the Penal Law to sustain a conviction...

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