Opinion
August 2, 1993
Appeal from the Family Court, Suffolk County (Auperin, J.).
Ordered that the order is affirmed, without costs or disbursements.
We reject the appellant's contention that the complainant's in-court identification was incredible as a matter of law. We also reject the appellant's contention that there was insufficient proof of "physical injury" to make out the crime of assault in the third degree (cf., People v Jimenez, 55 N.Y.2d 895; People v Wainwright, 123 A.D.2d 894).
We have considered the appellant's remaining contentions and find them to be without merit. Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.