| People v Kenner |
| 2010 NY Slip Op 07566 [77 AD3d 853] |
| October 19, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v LeroyKenner, Appellant. |
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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy,J.), rendered June 12, 2008, convicting him of assault in the third degree, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, viewing the evidence in the light most favorable tothe prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legallysufficient to establish that the complainant sustained a physical injury, an element of the chargeof assault in the third degree (see Penal Law §§ 120.00, 10.00 [9]). Inparticular, the complainant testified that the defendant and the defendant's brother repeatedlykicked and punched him while he was in his car. The complainant was taken by ambulance to ahospital, where he complained of pain in the face and jaw and underwent a CT scan of the headand X-rays, and oxygen was administered to him. The complainant was also prescribed painmedication at the hospital. He testified that one or two days later, areas on his chest and armbecame swollen and "turned black and blue" and "hurt a lot," and that he continued to take theprescription pain medication for several weeks. The People also introduced into evidencephotographs showing the complainant's injuries. Under these circumstances, there was legallysufficient evidence that the complainant suffered substantial pain, and therefore sustained aphysical injury (see People vChiddick, 8 NY3d 445, 447-448 [2007]; People v Andino, 73 AD3d 1195 [2010], lv denied 15NY3d 801 [2010]; People v Nelson,69 AD3d 762, 763 [2010]; People vWilliams, 69 AD3d 662, 662-663 [2010]; People v Valencia, 50 AD3d 1163, 1164 [2008]; People v Krotoszynski, 43 AD3d450, 452-453 [2007]). Fisher, J.P., Dillon, Florio and Lott, JJ., concur.