People v. Rodriguez

An essential element of assault in the third degree is the causing of physical injury to another person. (Penal Law § 120.00.) Physical injury is defined as "impairment of physical condition or substantial pain.” (Penal Law § 10.00 [9].) With respect to physical injury, this court has stated, "[T]he legal authority is clear that 'there is an objective level * * * *377below which the question is one of law’ ”. (People v Oquendo, 134 AD2d 203, lv denied 70 NY2d 959, quoting Matter of Philip A., 49 NY2d 198, 200.) Substantial pain requires evidence of more than " 'pretty slaps, shoves, kicks and the…