PEOPLE v. MARTI (2019)

Judgment of conviction (Joanne D. Quinones, J. at plea; Neil E. Ross, J. at sentencing), rendered March 29, 2013, affirmed.

The accusatory instrument was not jurisdictionally defective. It charged all the elements of third-degree assault (see Penal Law § 120.00[1]), and set forth sufficient factual allegations to warrant the conclusion that the victim suffered a “physical injury,” i.e., “substantial pain” (Penal Law § 10.00[9]). Accepting the pleaded allegations as true, a trier of fact could infer that when defendant struck the complainant “about the stomach multiple times with a closed fist,” he caused substantial pain (see People v. Henderson, 92 NY2d 677, 680 [1999]; 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]).

Per Curiam.