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Matter of Dominick

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 1996
223 A.D.2d 453 (N.Y. App. Div. 1996)

Opinion

January 23, 1996

Appeal from the Family Court, New York County (Sheldon Rand, J.).


Ample evidence supports the finding that respondent caused the victim "physical injury" (Penal Law § 10.00). The victim testified that, as a result of the attack, he sustained bruises to his face, head and both knees, and soreness to his neck, shoulder and hands, all of which lasted several weeks and impaired his ability to perform regular activities, and eyewitnesses corroborated the injuries to the victim's face ( see, People v Harris, 198 A.D.2d 117, lv denied 83 N.Y.2d 853; compare, People v Carney, 179 A.D.2d 818, lv denied 80 N.Y.2d 894 [victim did not testify about the nature or extent of her pain or state that any of her daily activities were curtailed]). The absence of medical treatment is not dispositive ( People v Granvy, 182 A.D.2d 540, 541, lv denied 80 N.Y.2d 904, citing People v Brown, 176 A.D.2d 155, affd 81 N.Y.2d 798).

Concur — Sullivan, J.P., Wallach, Rubin, Kupferman and Mazzarelli, JJ.


Summaries of

Matter of Dominick

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 1996
223 A.D.2d 453 (N.Y. App. Div. 1996)
Case details for

Matter of Dominick

Case Details

Full title:In the Matter of DOMINICK V., a Person Alleged to be a Juvenile…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 23, 1996

Citations

223 A.D.2d 453 (N.Y. App. Div. 1996)
637 N.Y.S.2d 73

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