55 NY2D 895 - People v. Jimenez

How this case has been cited

Cited by 9 later decisions — most recently March 2010

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1OPINION OF THE COURT

¶2Memorandum.

¶3The order of the Appellate Division should be modified by reversing defendant’s conviction for assault in the second degree, dismissing that part of the indictment, and vacating the sentence imposed on that count. As so modified, the order of the Appellate Division should be affirmed.

¶4The People failed to prove that the victim of the alleged assault suffered physical injury within the meaning of subdivision 6 of section 120.05 and subdivision 9 of section 10.00 of the Penal Law. Testimony that the victim suffered a one centimeter cut above her lip, without more, was not adequate to prove that the victim suffered either “substantial pain” (Matter of Philip A., 49 NY2d 198) or “impairment of a physical condition” (People v McDowell, 28 NY2d 373, 375).

¶5Defendant’s other contentions are either not preserved for review or do not warrant reversal by this court.

¶6Chief Judge Cooke and Judges Jasen, Gabrielli, Wachtler, Fuchsberg and Meyer concur; Judge Jones taking no part.

¶7Order modified in accordance with the memorandum herein and, as so modified, affirmed.