In re Philip A.

OPINION OF THE COURT

Meyer, J.

When is pain "substantial” within the meaning of subdivision 9 of section 10.00 of the Penal Law? The question arises in a juvenile delinquency proceeding in which respondent was proven to have twice hit the complainant in the face, causing him to cry, his face to feel like bumps were coming on it though none did, causing red marks on his face, and causing *200him pain. The Family Court Judge found that complainant "experienced substantial pain, according to his own feelings, at the time he was struck” by respondent, "was crying * * * and exhibited a red mark”. The…