The evidence was legally sufficient to prove that the complainant, Rosalino Luna (Luna), suffered "physical injury," as is required to establish guilt of assault in the second degree under Penal Law § 120.05 (12). "Physical injury" is "impairment of physical condition or substantial pain" (Penal Law § 10.00 [9]). Luna described the pain he suffered as varying from a lot of pain to a great deal of pain. His son, Martin Luna, testified that after being struck by defendant...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.