People v. Lumpkin

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Harrington, J.), rendered February 5, 2015, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s conviction of assault in the second degree required proof of physical injury (Penal Law § 120.05 [3]). Physical injury is defined as “impairment of physical condition or substantial pain” (Penal Law § 10.00 [9]). Although “substantial pain” must be “more than slight or trivial pain,” it need not be “severe or intense to be…