In re Robert M.
Opinion of the Court
Order unanimously reversed and petition dismissed. Memorandum: Family Court adjudicated appellant a juvenile delinquent upon a finding that he had committed an act which, if committed by an adult, would have constituted the crime of assault in the third degree under subdivision 1 of section 120.00 of the Penal Law. Appellant contends that the record of the fact-finding hearing fails to establish that he caused “physical injury” to the complainant within the contemplation of subdivision 9 of section 10.00 of the Penal Law. That subdivision defines “‘[p]hysical injury’ ” as “impairment of physical condition or substantial pain.” Complainant, a physical education teacher, acknowledged that appellant struck him once in the forehead above his right eye with a closed fist. With respect to his injuries, complainant testified that the blow caused “just slight swelling [and] a little headache”; that he did not miss any time from work; that there was some redness but no bleeding and that he was not required to consult a doctor. This
Case-law data current through December 31, 2025. Source: CourtListener bulk data.