People v. Lang

81 A.D.3d 538, 917 N.Y.S.2d 564

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 22, 2011
• Status: Published

Opinion

Judgment, Supreme Court, Bronx County (Ralph A. Fabrizio, J.), rendered April 6, 2009, convicting defendant, upon her plea of guilty, of assault in the third degree, and sentencing her to a term of 15 days, unanimously affirmed.

The misdemeanor information was not jurisdictionally defective (see People v Kalin, 12 NY3d 225, 232 [2009]). It charged all the elements of third-degree assault, and set forth sufficient factual allegations to warrant the conclusion that the victim suffered substantial pain. Accepting the allegations as true, a trier of fact could infer that when defendant punched the victim in the face, she caused substantial pain (see People v Henderson, 92 NY2d 677, 679 [1999]; see also People v Chiddick, 8 NY3d 445, 448 [2007]; People v Guidice, 83 NY2d 630, 636 [1994]), especially since defendant expressly announced her intent to injure the victim just before she punched her. Concur — Saxe, J.P., Friedman, DeGrasse, Freedman and Abdus-Salaam, JJ.