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PEOPLE v. SERVELLON

2010-03636.

84 A.D.3d 981 (2011)

921 N.Y.S.2d 886

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL SERVELLON, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 10, 2011.

Ordered that the judgment is affirmed.

The defendant contends that the evidence of "physical injury," an element of the crime of assault in the third degree (Penal Law § 120.00), was legally insufficient. Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620 [1983]), we find that the evidence was legally sufficient to establish that the complainant suffered either "substantial...

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