People v. Fallen
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMahoney, J.
Appeal from a judgment of the County Court of Albany County (Keegan, J.), rendered September 24, 1991, upon a verdict convicting defendant of the crime of assault in the second degree.
Viewing the evidence, as we must, in a light most favorable to the prosecution (see, People v Contes, 60 NY2d 620, 621), we conclude that the proof submitted was sufficient to establish the element of physical injury so as to support defendant’s conviction for assault in the second degree. Physical injury is defined as "impairment of physical condition or substantial pain” (Penal Law § 10.00 [9]). While…
2Cases cited7 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. RojasNew York Court of Appeals · 1984
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1992
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- People v. NordeAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by8 opinions
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- People v. PlaterAppellate Division of the Supreme Court of the State of New York · 1997
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2000
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