Ordered that the judgment is affirmed.
The judgment is based on an incident in which the defendant beat his three-year-old son with a belt for approximately 30 minutes.
The defendant argues that "physical injury" was not proven beyond a reasonable doubt, as required under Penal Law § 120.00 (1) for conviction of assault in the third degree. Physical injury is defined in Penal Law § 10.00 (9) as "impairment of physical condition or substantial pain...
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