In re Shawn L.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: The record supports Family Court’s finding that respondent committed an act that, if committed by an adult, would constitute the crime of assault in the third degree (Penal Law § 120.00 [1]). The testimony of the victim that his cheek and jaw were bruised and swollen, that he had difficulty eating, talking and moving his jaw for several days and that he took pain medication to reduce the pain is sufficient to establish that the victim sustained a physical injury (see, Penal Law § 10.00 [9]; People v Spry, 232 AD2d 232; cf, Matter of Philip…
2Cases cited2 opinions
- In re Philip A.New York Court of Appeals · 1980
- People v. SpryAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by4 opinions
- People v. WoodenAppellate Division of the Supreme Court of the State of New York · 2000
- McKnight v. StateSupreme Court of Delaware · 2000
- People v. WilliamsAppellate Terms of the Supreme Court of New York · 1999
- In re Asa A.Appellate Division of the Supreme Court of the State of New York · 2009