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PEOPLE v. RIOS

2530/12, 1290.

142 A.D.3d 28 (2016)

33 N.Y.S.3d 262

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LINO RIOS, Appellant.

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

Decided June 21, 2016.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Claudia B. Flores of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Christine DiDomenico and Hilary Hassler of counsel), for respondent.

MAZZARELLI and GESMER, JJ., concur with MANZANET-DANIELS, J.; ANDRIAS, J., dissents in a separate opinion in which Tom, J.R. concurs.

OPINION OF THE COURT

"Physical injury," as defined in the Penal Law, means "impairment of physical condition or substantial pain" (Penal Law § 10.00 [9]). Although the issue is generally one for the trier of fact, "there is an objective level ... below which the question is one of law" (Matter of Philip A....

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