THE EVIDENCE OF PHYSICAL INJURY WAS SUFFICIENT TO SUPPORT THE ASSAULT SECOND CONVICTION (CT APP).

The Court of Appeals, reversing the appellate division, determined the evidence was sufficient to support the conviction of assault second:

The victim testified that defendant delivered a very hard blow to his face, that he felt pain, and that he experienced bleeding and swelling. Hospital records describe the victim’s pain as “aching” and indicate he was directed to take over-the-counter painkillers. Viewing the evidence in the light most favorable to the People, it was sufficient to establish physical injury for the purposes of Penal Law § 120.05 (3) … . People v Wheeler, 2023 NY Slip Op 02736. CtApp 5-18-23

Practice Point: The Court of Appeals, reversing the appellate division, found the evidence of physical injury sufficient to support the assault second conviction.