THE PEOPLE, res, v. LOUIS PEREZ, def-app

13-236. THE PEOPLE, res, v. LOUIS PEREZ, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (Tamiko A. Amaker, J. at plea and sentence) rendered December 4, 2012, affirmed.

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13-236. THE PEOPLE, res, v. LOUIS PEREZ, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (Tamiko A. Amaker, J. at plea and sentence) rendered December 4, 2012, affirmed.

In view of the defendant’s knowing waiver of his right to prosecution by information, the facial insufficiency of the accusatory instrument must be assessed under the standard required of a misdemeanor complaint (see People v. Dumay, 23 NY3d 51 [2014]). So viewed, the accusatory instrument was jurisdictionally valid because it described facts of an evidentiary nature establishing reasonable cause to believe that defendant was guilty of third-degree assault (see Penal Law §120.00[1]), the offense to which defendant ultimately pleaded guilty. The “physical injury” element of the charged crime was satisfied by allegations that defendant placed the “burning end” of a lit cigarette on the back of the complainant’s neck, causing the complainant “to sustain redness, broken skin, a burn mark, and substantial pain.” Based on these allegations, “a jury could certainly infer that the victim felt substantial pain” (People v. Henderson, 92 NY2d 677, 680 [1999]; see Penal Law §10.00[9]), a term which simply means “more than slight or trivial pain” (People v. Chiddick, 8 NY3d 445, 447 [2007]; see People v. Mercado, 94 AD3d 502, 502 [2012], lv denied 19 NY3d 999 [2012])

THE PEOPLE, res, v. LOUIS PEREZ, def-app

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