1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 142 A.D.3d
  5. 142 A.D.3d 28 (2016)
 

PEOPLE v. RIOS

2530/12, 1290.

142 A.D.3d 28 (2016)

33 N.Y.S.3d 262

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LINO RIOS, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 21, 2016.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York City (Claudia B. Flores of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York City (Christine DiDomenico and Hilary Hassler of counsel), for respondent.

MAZZARELLI and GESMER, JJ., concur with MANZANET-DANIELS, J.; ANDRIAS, J., dissents in a separate opinion in which Tom, J.R. concurs.

OPINION OF THE COURT

"Physical injury," as defined in the Penal Law, means "impairment of physical condition or substantial pain" (Penal Law § 10.00 [9]). Although the issue is generally one for the trier of fact, "there is an objective level ... below which the question is one of law" (Matter of Philip A....

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases