People v. Goins

Appeal by the defendant from a judgment of the County Court, Nassau County (Monroe, J.), rendered November 15, 1984, convicting him of assault in the second degree and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by *734reversing the conviction of assault in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment. As so modified, the judgment is affirmed.

The evidence adduced at the trial was insufficient to establish "physical injury” (Penal Law § 10.00 [9]). The complainant police…