PEOPLE v. STANBACK

2015-12168, Ind. No. 10850/13.

149 A.D.3d 877 (2017)

2017 NY Slip Op 02829

51 N.Y.S.3d 201

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL STANBACK, Appellant.

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

Decided April 12, 2017.


Ordered that the judgment is affirmed.

The defendant contends that the evidence was legally insufficient to support the finding that the complainant suffered "physical injury," an element of the crime of assault in the second degree (Penal Law § 120.05[2]). The necessary element of physical injury is defined by Penal Law § 10.00(9) as either the impairment of physical condition or substantial pain (see People v McDowell, 28 N.Y.2d...

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