PEOPLE v. SHERROD


132 A.D.2d 683 (1987)

The People of the State of New York, Respondent, v. Robert Sherrod, Appellant

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

July 20, 1987


Ordered that the judgment is affirmed.

On appeal the defendant argues that the prosecution failed to prove beyond a reasonable doubt that the complainant, Eugene Steele, suffered a "physical injury" as defined in Penal Law § 10.00 (9) in order to sustain a finding of guilt of assault in the second degree (Penal Law § 120.05 [7]). We disagree.

The defendant struck Steele several times in the face, causing swelling and discoloration below his right...

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