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People v. Cerio

Appellate Division of the Supreme Court of New York, First Department
Aug 2, 1984
104 A.D.2d 301 (N.Y. App. Div. 1984)

Opinion

August 2, 1984

Appeal from the Supreme Court, Bronx County (Walsh, J.).


The evidence adduced at trial was insufficient to show that the complainant Vitale suffered "physical injury" as defined by section 10.00 Penal of the Penal Law. The injuries did not result in "impairment of physical condition" nor was there any proof that Vitale suffered "substantial pain", both of which are required to prove "physical injury" within the meaning of both subdivision 2 of section 140.30 and subdivision 6 of section 120.05 Penal of the Penal Law (see People v Morales, 75 A.D.2d 745).

We have examined the remaining contentions by defendant and find them to be without merit.

Concur — Murphy, P.J., Kupferman, Asch, Bloom and Kassal, JJ.


Summaries of

People v. Cerio

Appellate Division of the Supreme Court of New York, First Department
Aug 2, 1984
104 A.D.2d 301 (N.Y. App. Div. 1984)
Case details for

People v. Cerio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN CERIO, Appellant

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

Date published: Aug 2, 1984

Citations

104 A.D.2d 301 (N.Y. App. Div. 1984)

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