PEOPLE v. RODRIGUEZ


158 A.D.2d 376 (1990)

The People of the State of New York, Respondent, v. Felix Rodriguez, Appellant

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

February 20, 1990


An essential element of assault in the third degree is the causing of physical injury to another person. (Penal Law § 120.00.) Physical injury is defined as "impairment of physical condition or substantial pain." (Penal Law § 10.00 [9].) With respect to physical injury, this court has stated, "[T]he legal authority is clear that `there is an objective level * * * below which the question is one of law'". (People v...

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