The evidence adduced at trial was insufficient to show that the complainant Vitale suffered "physical injury" as defined by section 10.00 of the Penal Law. The injuries did not result in "impairment of physical condition" nor was there any proof that Vitale suffered "substantial pain", both of which are required to prove "physical injury" within the meaning of both subdivision 2 of section 140.30 and subdivision 6 of section 120.05 of the Penal Law (see People v Morales...
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