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PEOPLE, res, v. KENNETH GENAO, def-ap

4646. PEOPLE, res, v. KENNETH GENAO, def-ap — Law Offices of Patrick Joyce, New York (Patrick Joyce of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Luis Morales of counsel), for res — Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered May 8, 2015, convicting defendant, after a jury trial, of attempted assault in the first degree, assault in the second degree, criminal possession of a weapon in the fourth degree (two counts), and petit larceny (two counts) and sentencing him to an aggregate term of five years, unanimously affirmed.

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4646. PEOPLE, res, v. KENNETH GENAO, def-ap — Law Offices of Patrick Joyce, New York (Patrick Joyce of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Luis Morales of counsel), for res — Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered May 8, 2015, convicting defendant, after a jury trial, of attempted assault in the first degree, assault in the second degree, criminal possession of a weapon in the fourth degree (two counts), and petit larceny (two counts) and sentencing him to an aggregate term of five years, unanimously affirmed.

We reject defendant’s challenge to the sufficiency of the evidence supporting his second-degree assault conviction. The element of physical injury was established by evidence supporting an inference that the victim’s injury went beyond mere “petty slaps, shoves, kicks and the like” (Matter of Philip A., 49 NY2d 198, 200 [1980]), and that it caused “more than slight or trivial pain” (People v. Chiddick, 8 NY3d 445, 447 [2007]). The jury could have reasonably concluded that when defendant cut the victim’s palm with a sharp object, this caused substantial pain. The victim described his level of pain and testified that the wound continued to bother him for several days.

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