PEOPLE v. SCOTT


162 A.D.2d 479 (1990)

The People of the State of New York, Respondent, v. Mark Scott, Appellant

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

June 4, 1990


Ordered that the judgment is affirmed.

The defendant argues that the prosecution failed to prove that the arresting officer suffered a physical injury as defined in Penal Law § 10.00 (9), requiring reversal of his judgment of conviction for assault in the second degree (Penal Law § 120.05 [3]). We disagree. At the trial, the police officer testified that as a result of the defendant kicking him in the head, he saw spots and felt very intense pain. The injury...

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