People v. Balan

OPINION OF THE COURT

Judgment of conviction, reversed, on the law, convictions vacated, that count of the information charging assault in the third degree dismissed, and the matter remanded for a new trial on the counts of the information charging harassment in the second degree.

Defendant’s conviction of third-degree assault cannot be sustained, the People having failed to establish the “physical injury” element of that offense (see Penal Law § 10.00 [9]). Evidence at trial showed that defendant, who is legally blind, “slapped” and kicked complainant Xie during an altercation in the hallway of…