Opinion
April 3, 1989
Appeal from the Supreme Court, Queens County (Kellam, J.).
Ordered that the judgment is affirmed.
The defendant argues that the prosecution failed to prove that the two arresting police officers suffered a "physical injury" as defined in Penal Law § 10.00 (9), which was necessary to sustain a finding of guilt on the two counts of assault in the second degree (Penal Law § 120.05). Viewing the evidence adduced at trial in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find it was legally sufficient for the jury to infer that the pain suffered by the complaining officers was substantial (see, People v. Bogan, 70 N.Y.2d 860; People v. Rojas, 61 N.Y.2d 726, 727; People v. Esquilin, 141 A.D.2d 838; People v. Fasano, 112 A.D.2d 791; cf., People v. Williams, 127 A.D.2d 718). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15). Mangano, J.P., Lawrence, Kunzeman and Eiber, JJ., concur.