People v. Alejandro

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered January 19, 2016, as amended July 18, 2016, convicting defendant, after a jury trial, of assault in the second degree and petit larceny, and sentencing him to an aggregate term of five years, unanimously affirmed.

The evidence was legally sufficient to prove that the complainant, Rosalino Luna (Luna), suffered “physical injury,” as is required to establish guilt of assault in the second degree under Penal Law § 120.05 (12). “Physical injury” is “impairment of physical condition or substantial pain” (Penal Law § 10.00…