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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LYNN HENDERSON, Appellant.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of one count of burglary in the first degree (Penal Law § 140.30) and two counts of assault in the second degree (§ 120.05 [2]). Contrary to defendant's contention with respect to count three of the indictment, we conclude that the evidence is legally sufficient to establish that the victim sustained a physical injury ( see § 10.00 [9]; § 120.05 [2]; People v Chiddick, 8 NY3d 445, 447-448). The evidence presented at trial established that defendant struck the victim repeatedly with a baseball bat, resulting in an injury to the victim's arm that caused the victim "more than slight or trivial pain" ( Chiddick, 8 NY3d at 447). We further conclude that, when defendant moved for substitution of counsel, County Court made the requisite inquiry to determine whether defendant had good cause for substitution ( see People v Frayer, 215 AD2d 862, 862-863, lv denied 86 NY2d 794). The record establishes that "the court afforded defendant the opportunity to express his objections concerning his . . . attorney, and the court thereafter reasonably concluded that defendant's . . . objections had no merit or substance" ( People v Singletary, 63 AD3d 1654, lv denied 13 NY3d 839 [internal quotation marks omitted]; see People v Reese, 23 AD3d 1034, 1035 [2005], lv denied 6 NY3d 779).

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PEOPLE v. LYNN HENDERSON
(Oct 1, 2010)