People v. Wiggins

—Judgment unanimously affirmed. Memorandum: Contrary to defendant’s contention, the conviction of assault in the second degree (Penal Law § 120.05) is supported by legally sufficient evidence of physical injury (see, Penal Law § 10.00 [9]; People v Sylvester, 254 AD2d 711, 712; People v Kim, 225 AD2d 496, Iv denied 88 NY2d 987). The victim testified that, after being hit in the back with a baseball bat, he felt severe pain. The blow left a red mark on his skin. He felt pain in the area for several days, and every time he moved his arm he knew that “something *906was just not right”. He took…