People v. Henderson, 92 N.Y.2d 677 (1999)
An information charging assault in the third degree is facially sufficient if it alleges facts from which a jury could infer that the victim suffered substantial pain, even if the long-term effects of the injury are not yet known at the time the information is filed.
Summary
Henderson was charged with assault in the third degree after allegedly kicking a victim during an attempted robbery, causing contusions, swelling, and substantial pain. He pleaded guilty, but later appealed, arguing that the information was facially insufficient to establish “physical injury.” The Appellate Term reversed, but the Court of Appeals reversed the Appellate Term, holding that the factual allegations in the information were sufficient to establish a prima facie case of assault in the third degree because a jury could infer substantial pain from the described injuries.
Facts
The defendant, acting with another individual, attempted to steal the victim’s motor scooter. During the attempt, the defendant and his accomplice kicked the victim about the legs. The victim suffered contusions and swelling about the legs and experienced substantial pain, alarm, and annoyance.
Procedural History
The defendant was charged in New York City Criminal Court with assault in the third degree, attempted petit larceny, resisting arrest, and harassment. The defendant pleaded guilty to assault in the third degree. The Appellate Term reversed the judgment of conviction and dismissed the information, finding it insufficient regarding physical injury. The Court of Appeals granted leave to appeal.
Issue(s)
Whether the factual allegations in the information were sufficient to establish a prima facie case of assault in the third degree, specifically whether the allegations were sufficient to establish the “physical injury” element of the offense.
Holding
Yes, because accepting the allegations as true, a jury could certainly infer that the victim felt substantial pain. The Court of Appeals reversed the Appellate Term’s order and reinstated the judgment of Criminal Court.
Court’s Reasoning
The Court of Appeals emphasized that, to be facially sufficient, an information must contain non-hearsay allegations that, if true, establish every element of the offense charged. The Court noted that “physical injury” is defined as “impairment of physical condition or substantial pain” (Penal Law § 10.00 [9]). The Court clarified that substantial pain is more than a mere technical battery. Quoting prior precedent, the Court stated that “ ‘petty slaps, shoves, kicks and the like delivered out of hostility, meanness and similar motives’, are not within the definition” of the statute. Here, the kicks were part of a concerted physical attack to steal the victim’s property. The Court reasoned that because the supporting deposition is often secured shortly after the event, the victim would not necessarily know the lasting effects of the injury. Thus, allegations of substantial pain, swelling, and contusions following kicks are sufficient to constitute physical injury. The Court also emphasized that the prima facie case requirement is not the same as the burden of proof beyond a reasonable doubt required at trial. Therefore, the factual allegations in the information were sufficient to make out a prima facie case of assault in the third degree and support the judgment of conviction based upon the defendant’s guilty plea.