People v. Starling

— Judgment unanimously modified and, as modified, affirmed, in accordance with the following memorandum: We reject defendant’s argument that the evidence of “physical injury” (Penal Law, § 10.00, subd 9) inflicted on the complainant police officer was insufficient to support defendant’s conviction for assault, second degree (Penal Law, § 120.05, subd 3). The testimony and a photograph admitted into evidence established that the blow inflicted on the officer resulted in a bleeding laceration approximately one inch long under his eye requiring medical attention. The officer testified that the…