OPINION OF THE COURT Memorandum. The order of the Appellate Division should be affirmed. Defendant contends that his motion for dismissal of the assault, second degree, charge should have been granted because the People failed to prove that the victim suffered “substantial pain” within the meaning of subdivision 9 of section 10.00 and subdivision 2 of section 120.05 of the Penal Law. The People rej…
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