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PEOPLE v. GILL

191 A.D.2d 321 (1993)

595 N.Y.S.2d 46

The People of the State of New York, Respondent, v. Rodney Gill, Appellant

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

March 18, 1993

Defendant, apprehended by a security guard after stealing two steaks from a supermarket, sought to effect his escape with the aid of a razor blade. In the ensuing scuffle, the guard received superficial cuts which the People concede, did not support a finding of "physical injury" as defined in Penal Law § 10.00 (9) ("impairment of physical condition or substantial pain"), which is necessary for proof of guilt of second degree...

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