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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TAMMY LANG, Appellant.

The misdemeanor information was not jurisdictionally defective ( see People v Kalin, 12 NY3d 225, 232). It charged all the elements of third-degree assault, and set forth sufficient factual allegations to warrant the conclusion that the victim suffered substantial pain. Accepting the allegations as true, a trier of fact could infer that when defendant punched the victim in the face, she caused substantial pain ( see People v Henderson, 92 NY2d 677, 679; see also People v Chiddick, 8 NY3d 445, 448; People v Guidice, 83 NY2d 630, 636), especially since defendant expressly announced her intent to injure the victim just before she punched her.

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PEOPLE v. LANG
(Feb 22, 2011)