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The PEOPLE of the State of New York, Respondent, v. Daniel NUNEZ, Defendant-Appellant.
Judgment of conviction (Josh E. Hanshaft, J.), rendered April 2, 2018, affirmed.
In view of defendant's knowing waiver of the right to prosecution by information, the facial sufficiency of the accusatory instrument must be assessed under the standard required of 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 third-degree assault (see Penal Law § 120.00[1]), and, in particular, satisfy the “physical injury” element of that offense. The instrument recited that defendant punched and kicked the victim, while the victim was on the ground, causing “redness and swelling” to the victim's head and “bleeding to [his] face and lip.” Accepting these allegations as true, a reasonable person “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]).
Per Curiam.
All concur.
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Docket No: 570290 /18
Decided: February 19, 2021
Court: Supreme Court, Appellate Term, New York,
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