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PEOPLE v. FALLEN

194 A.D.2d 928 (1993)

599 N.Y.S.2d 182

The People of the State of New York, Respondent, v. Joseph L. Fallen, Appellant

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

June 17, 1993

Mahoney, J.

Viewing the evidence, as we must, in a light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620, 621), we conclude that the proof submitted was sufficient to establish the element of physical injury so as to support defendant's conviction for assault in the second degree. Physical injury is defined as "impairment of physical condition or substantial pain" (Penal Law §...

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