From Casetext: Smarter Legal Research

In re Matter of Shawn L

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 8, 1996
233 A.D.2d 953 (N.Y. App. Div. 1996)

Opinion

November 8, 1996.

Order unanimously affirmed without costs.

Before: Present — Denman, P.J., Fallon, Wesley, Balio and Davis, JJ.


The record supports Family Court's finding that respondent committed an act that, if committed by an adult, would constitute the crime of assault in the third degree (Penal Law § 120.00). The testimony of the victim that his cheek and jaw were bruised and swollen, that he had difficulty eating, talking and moving his jaw for several days and that he took pain medication to reduce the pain is sufficient to establish that the victim sustained a physical injury ( see, Penal Law § 10.00; People v Spry, 232 AD2d 232; cf., Matter of Philip A., 49 NY2d 198). (Appeal from Order of Erie County Family Court, Griffith, J. — Juvenile Delinquency.)


Summaries of

In re Matter of Shawn L

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 8, 1996
233 A.D.2d 953 (N.Y. App. Div. 1996)
Case details for

In re Matter of Shawn L

Case Details

Full title:In the Matter of SHAWN L., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Nov 8, 1996

Citations

233 A.D.2d 953 (N.Y. App. Div. 1996)
650 N.Y.S.2d 498

Citing Cases

People v. Wooden

The victim testified that he took pain medication, remained out of work for one week and continued to…

People v. Williams

Defendant stands convicted, after a jury trial, of third degree assault upon evidence, including independent…