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PEOPLE v. BALAN

25 Misc.3d 88 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MOISE G. BALAN, Appellant.

Supreme Court, Appellate Term, First Department.

Decided October 28, 2009.

Attorney(s) appearing for the Case

Legal Aid Society, New York City, for appellant.

Robert M. Morgenthau, District Attorney, New York City, for respondent.

McKEON, P.J., SCHOENFELD and HEITLER, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Judgment of conviction, reversed, on the law, convictions vacated, that count of the information charging assault in the third degree dismissed, and the matter remanded for a new trial on the counts of the information charging harassment in the second degree.

Defendant's conviction of third-degree assault cannot be sustained, the People having failed to establish the "physical injury" element of that offense (see...

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