testimony about pain, “which is purely subjective and only one factor to be considered,” was insufficient to establish physical injury
How later courts described this case
- testimony about pain, “which is purely subjective and only one factor to be considered,” was insufficient to establish physical injury
- "Luce ... is inapposite, since it interprets Federal law."
Written by the judges who cited it.
The opinion
Kupferman, J. P.,
dissents in a memorandum as follows: The defendant not having taken the stand, the Sandoval ruling cannot be called in question. (See, Luce v United States, 469 US _ , 105 S Ct 460 .)
As to the evidence, it was made clear, as the complainant testified, that the defendant had two front teeth missing. While the popular song is to the effect “All I Want For Christmas Is My Two Front Teeth”, and it is now into the new year, this vacuum can make a lasting impression. Witness the memory of the missing front teeth of the heavyweight boxer, Leon Spinks.
*630 It cannot be said that the complainant did not suffer “substantial pain.” (Penal Law § 10.00 [9].)
I would affirm.