PEOPLE v. HUNT (2004)

Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), rendered June 5, 2002, convicting defendant, after a nonjury trial, of assault in the second and third degrees, arson in the fourth degree, reckless endangerment in the second degree, and criminal mischief in the fourth degree, and sentencing him, as a second violent felony offender, to concurrent terms of 5 years, 1 year, 2 to 4 years, 1 year, and 1 year, respectively, unanimously affirmed.

 The assault convictions were based on legally sufficient evidence and were not against the weight of the evidence.   The chest pain and shortness of breath suffered by the correction officer-victim, which lasted more than eight months, constituted impairment of physical condition satisfying the element of physical injury (see Penal Law § 10.00[9];  People v. Travis, 273 A.D.2d 544, 548-549, 711 N.Y.S.2d 514 [2000] ).   This element was fully established by the victim's testimony notwithstanding the absence of medical evidence (see People v. Rivera, 187 A.D.2d 379, 380, 590 N.Y.S.2d 197 [1992], lv. denied 81 N.Y.2d 793, 594 N.Y.S.2d 740, 610 N.E.2d 413 [1993];  People v. Brown, 176 A.D.2d 155, 574 N.Y.S.2d 40 [1991], affd. 81 N.Y.2d 798, 595 N.Y.S.2d 370, 611 N.E.2d 271 [1993] ).   Even if the victim's chest pain and shortness of breath were caused in part by preexisting bronchitis, the evidence still established the requisite causation (see Matter of Anthony M., 63 N.Y.2d 270, 280-281, 481 N.Y.S.2d 675, 471 N.E.2d 447 [1984] ).   The evidence also satisfied the “ furtherance” element of Penal Law § 120.05(6) (see People v. Lewis, 111 Misc.2d 682, 444 N.Y.S.2d 1003 [1981] ).