People v. Foster

In People v. Foster (162 AD2d 703 [2d Dept 1990]), lv denied 76 NY2d 856 [1990]) the defendant struck his teeth into a police officer's nose. In contrast to the instant case, the officer received medical treatment including a tetanus shot and penicillin. Again, in contrast to the instant case, the officer testified that his pain was more than minor. The injury hampered the officer's work. His nose was lacerated and there was some bleeding. But the Court found it significant that there was no lasting scar and that stitches were not required (as was true here). Under these circumstances, the Court found that neither substantial pain nor impairment of physical condition occurred.