People v. Sherrod

Appeal by the defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered October 16, 1984, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

On appeal the defendant argues that the prosecution failed to prove beyond a reasonable doubt that the complainant, Eugene Steele, suffered a "physical injury” as defined in Penal Law § 10.00 (9) in order to sustain a finding of guilt of assault in the second degree (Penal Law § 120.05 [7]). We disagree.

The defendant struck Steele several times in the…