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PEOPLE v. BROWN

145 A.D.2d 301 (1988)

The People of the State of New York, Respondent, v. Clayton Brown, Appellant

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

December 1, 1988

In this consolidated trial of two indictments, in order to convict defendant of burglary in the first degree under Penal Law § 140.30 (2), robbery in the second degree under Penal Law § 160.10 (2) (a) and assault in the second degree under Penal Law § 120.05 (6), all of which relate to the Holmes incident, the People were required to prove that the victim suffered a "physical injury", i.e., an "impairment of physical condition or substantial pain" (Penal Law...

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