People v. Nunez (Daniel)
This text of 70 Misc. 3d 142(A) (People v. Nunez (Daniel)) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
People v Nunez (2021 NY Slip Op 50140(U)) [*1]
| People v Nunez (Daniel) |
| 2021 NY Slip Op 50140(U) [70 Misc 3d 142(A)] |
| Decided on February 19, 2021 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Decided on February 19, 2021
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Edmead, P.J., Higgitt, Brigantti, JJ.
570290/18
against
Daniel Nunez, Defendant-Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Josh E. Hanshaft, J.), rendered April 2, 2018, convicting him, upon his plea of guilty, of assault in the third degree, and imposing sentence.
Per Curiam.
Judgment of conviction (Josh E. Hanshaft, J.), rendered April 2, 2018, affirmed.
In view of defendant's knowing waiver of the right to prosecution by information, the facial sufficiency of the accusatory instrument must be assessed under the standard required of a misdemeanor complaint (see People v Dumay, 23 NY3d 518, 522 [2014]). So viewed, the instrument was jurisdictionally valid because the factual allegations establish reasonable cause to believe that defendant was guilty of third-degree assault (see Penal Law § 120.00[1]), and, in particular, satisfy the "physical injury" element of that offense. The instrument recited that defendant punched and kicked the victim, while the victim was on the ground, causing "redness and swelling" to the victim's head and "bleeding to [his] face and lip." Accepting these allegations as true, a reasonable person "could certainly infer that the victim felt substantial pain" (People v Henderson, 92 NY2d 677, 680 [1999]; see People v Mercado, 94 AD3d 502 [2012], lv denied 19 NY3d 999 [2012]; People v Lang, 81 AD3d 538 [2011], lv denied 16 NY3d 896 [2011]), a term which simply means "more than slight or trivial pain" (People v Chiddick, 8 NY3d 445, 447 [2007]; see Penal Law § 10.00[9]).
All concur.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Clerk of the Court
Decision Date: February 19, 2021
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