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PEOPLE v. ADAMS

309 A.D.2d 648 (2003)

765 N.Y.S.2d 630

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JANINE ADAMS, Appellant.

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

Decided October 23, 2003.

The People do not contend that the drug store's security guard suffered any impairment of his physical condition. Nor, despite evidence that defendant, whom he caught shoplifting, bit and scratched him in an attempt to flee and the guard's subjective testimony of pain, is there evidence sufficient to establish that he suffered "substantial pain" beyond a reasonable doubt. (Penal Law § 10.00 [9].) Accordingly, the evidence...

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