Respondent contends that the evidence presented at the fact-finding hearing was legally insufficient to establish that the complainant suffered a physical injury as defined in Penal Law § 10.00 (9) and, therefore, a charge of assault in the third degree (Penal Law § 120.00) cannot be sustained. Penal Law § 10.00 (9) defines physical injury as "impairment of physical condition or substantial pain" and the definition is intended to exclude such things as "`petty...
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