People v. Rios

OPINION OF THE COURT

Manzanet-Daniels, J.

“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., 49 NY2d 198, 200 [1980] [twice slapping complainant, and causing red marks and pain, insufficient to establish “physical injury”]; People v Rolando, 168 AD2d 578 [2d Dept 1990] [complainant’s testimony as to pain caused by bruised shoulder and scratches insufficient to…