Can ''Petty Slaps and Shoves'' Constitute An Assault In the Third Degree ?

In Matter of Philip A. (49 NY2d 198, 200), the Court of Appeals indicated that "petty slaps, shoves, kicks and the like delivered out of hostility, meanness and similar motives" would not give rise to the degree of "substantial pain" necessary to establish a "physical injury" as required for a conviction of assault in the third degree ( Penal Law 10.00 [9]; 120.00).