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IN THE MATTER OF WINSTON W.

29 A.D.3d 473 (2006)

815 N.Y.S.2d 543

In the Matter of WINSTON W., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

May 30, 2006.

The determination of "substantial pain," one of the bases for establishing the "physical injury" element of the assault charge, is generally one for the factfinder (see People v Guidice, 83 N.Y.2d 630, 636 [1994]), who is owed great deference, being in a position to observe witnesses describing the subjective pain they felt (see People v Bleakley, 69 N.Y.2d 490, 495 [1987]). The complainant...

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