At the close of the evidence, the Supreme Court acquitted the defendant of all charges pertaining to the facial injuries, and found him guilty of one count of assault in the third degree, upon finding that the defendant “recklessly” caused injury to
On appeal, the defendant contends that the “physical injury” element of the crime of assault in the third degree was not established by legally sufficient evidence, and that, for the same reason, the verdict on that count was against the weight of the evidence. A person is guilty of assault in the third degree, as defined in Penal Law § 120.00 (2), when he or she “recklessly causes physical injury to another person” (Penal Law § 120.00 [2]). Physical injury is defined as “impairment of physical condition or substantial pain” (Penal Law § 10.00 [9]). “ ‘[Substantial pain’ cannot be defined precisely, but ... it is more than slight or trivial pain” and “need not... be severe or intense to be substantial” (People v Chiddick, 8 NY3d 445, 447 [2007]). “Whether the ‘substantial pain’ necessary to establish an assault charge has been proved is generally a question for the trier of fact” (People v Rojas, 61 NY2d 726, 727 [1984]; see People v Krotoszynski, 43 AD3d 450, 452-453 [2007]; People v Coward, 100 AD2d 628 [1984]). “The subjective reaction of the victim is but one factor for the [factfinder] to consider,” and a finding of substantial pain may be inferred from objective evidence (People v Rojas, 61 NY2d at 727-728). Factors to be considered include the nature of the physical injury, the circumstances in which it was inflicted, and the defendant’s motive
Here, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish every element of the crime of assault in the third degree, including “physical injury,” defined as “substantial pain.” Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). The evidence presented as to the complainant’s weakened state from severe facial injuries, the manner in which the injuries to her arm were inflicted, the defendant’s motive as a contributing factor to the degree of force he used and the exacerbation of the complainant’s injuries, and the visual depiction of the complainant’s facial expressions in reaction to the defendant’s acts, provided the factfinder with a sufficient basis to infer that the complainant suffered “substantial pain” (Penal Law § 10.00 [9]; see People v Henderson, 92 NY2d 677, 680 [1999]; People v Rojas, 61 NY2d at 727; People v Nelson, 69 AD3d 762, 763 [2010]; People v Vasquez, 297 AD2d 297, 298 [2002]). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accord great deference to the factfinder’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Lane, 7 NY3d 888, 890 [2006]; People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Angiolillo, J.P, Balkin, Dickerson and Cohen, JJ., concur.