Assault in the third degree is defined, inter alia, as intentionally causing physical injury to another person (Penal Law, § 120.00, subd 1). "Physical injury" means impairment of physical condition or substantial pain (Penal Law, § 10.00, subd 9) as distinguished from "Serious physical injury" (Penal Law, § 10.00, subd 10). Defendant was in a bar fight. His opponent was knocked unconscious. Defendant admitted on the stand that he walked over and kicked...
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