In Matter of Philip A. (49 NY2d 198 [1980]), the respondent hit the victim twice in the face. As a result, the victim cried, experienced pain, sustained red marks on his face, and felt as if there were bumps on his face, even though there were no bumps. The Court of Appeals reversed the adjudication of juvenile delinquency of the Family Court--which had been based on a factual finding that the respondent had committed an act which, if committed by an adult, would constitute assault in the third degree--and dismissed the juvenile delinquency petition. The Court reasoned that the evidence did not "spell out" the degree of the victim's pain, and was "consistent with 'petty slaps' " (Matter of Philip A., 49 NY2d at 200). The Court determined that, with respect to "substantial pain," there "is an objective level . . . below which the question is one of law," rather than a factual issue to be determined by the trier of fact (id.). The evidence established only that the victim had cried and sustained a red mark, which did not meet the objective level of substantial pain. The Court of Appeals said that pain was a subjective matter and that "touching the skin of a person who has suffered third degree burns will cause exquisite pain, while the forceful striking of a gymnast in the solar plexus may cause him no discomfort at all." The Philip A. court also held that the definition of "substantial pain" was not an entirely subjective issue and that there was an objective standard below which evidence of substantial pain would be insufficient. In Philip A., a juvenile delinquency proceeding, evidence indicated the defendant hit the complainant twice in the face causing him to cry, that the complainant felt like bumps were forming on his face although none did, that his face developed red marks and that the complainant felt pain. These facts were held insufficient to meet the substantial pain threshold. The Court noted that although the complainant testified about his pain, the degree of his pain was not "spelled out." (Id.) 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).