ORDERED that the judgment and the amended judgment are affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that the evidence of "substantial pain" which was adduced to establish the existence of "physical injury" within the meaning of Penal Law § 10.00(9), was legally sufficient to establish the defendant's guilt of assault in the second degree and assault in the third degree beyond a reasonable doubt (see, People v. Evans, 250 A.D.2d 484; People v. Belk, 241 A.D.2d 552, 552-553; People v. Sloan, 202 A.D.2d 525). Moreover, upon the exercise of our factual review power, we are satisfied that the convictions of assault in the second degree and assault in the third degree were not against the weight of the evidence (see, CPL 470.15).
In light of the defendant's criminal history, the sentence imposed under Indictment No. 4884/95 was not excessive (see, People v. Suitte, 90 A.D.2d 80).
KRAUSMAN, J.P., McGINITY, SCHMIDT and ADAMS, JJ., concur.