PEOPLE v. NELSON (2018)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Edward NELSON, Defendant-Appellant.

571015 /14

Decided: October 15, 2018

PRESENT: Gonzalez, J.P., Cooper, Edmead, JJ.

Judgment of conviction (Erika M. Edwards, J.), rendered October 27, 2014, affirmed.

The misdemeanor complaint was not jurisdictionally defective (see People v. Dumay, 23 NY3d 518 [2014] ). 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 defendant intended to and did cause the victim to suffer a “physical injury,” i.e., “substantial pain” (see Penal Law § 10.00[9] ). Accepting the allegations as true, a trier of fact could infer that when defendant “punch[ed]” the victim “in the left side of his jaw with a closed fist,” he caused substantial pain (see 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.

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