PEOPLE v. BELL (2023)

Judgment of conviction (Lisa A. Sokoloff, J.), rendered December 16, 2015, affirmed.

We find unavailing defendant's challenge to the second-degree assault charge that was, initially, the sole offense pleaded in the accusatory instrument. In view of defendant's waiver of prosecution by information, the accusatory instrument is assessed under the reasonable cause standard applicable to a misdemeanor complaint (see People v Dumay, 23 NY3d 518, 522 [2014]). So viewed, the instrument was jurisdictionally valid because the factual allegations establish reasonable cause to believe that defendant was guilty of second-degree assault (see Penal Law § 120.05[3]), and, in particular, satisfy the “physical injury” element of the offense. The instrument recited that defendant kicked a police officer in the stomach, causing the officer to fall back into a parked pedicab and experience “substantial pain in the stomach.” Based on these allegations, “a jury could certainly infer that the victim felt substantial pain” (People v Henderson, 92 NY2d 677, 680 [1999]; see People v Mercado, 94 AD3d 502 [2012], lv denied 19 NY3d 999 [2012]; People v Lang, 81 AD3d 538 [2011], lv denied 16 NY3d 896 [2011]), a term which simply means “more than slight or trivial pain” (People v Chiddick, 8 NY3d 445, 447 [2007]; see Penal Law § 10.00[9]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur