People v. Tabachnik

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dun-kin, J., at trial; Zelman, J., at sentence), rendered June 18, 1984, convicting him of assault in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

The evidence adduced at trial was insufficient to prove that the complainant suffered "physical injury” within the meaning of Penal Law §…