In People v. Guidice (83 NY2d 630 [1994]), the victim was punched in the face and hit in the arm with a baseball bat. The defendants were charged with assault in the second degree under Penal Law 120.05 (2). At the trial, the victim testified that he suffered substantial pain, and lost sensation in his arm, which became discolored and swollen. The Court of Appeals indicated that whether the substantial pain component of physical injury (see Penal Law 10.00 [9]; 120.00 [1]) had been proved was generally a question for the trier of fact (see People v. Guidice, 83 NY2d at 636) and the jury was entitled to credit the victim's testimony. While the victim did not seek medical treatment, that was "but a factor to consider in resolving such issues . . . for pain is subjective and different persons tolerate it differently" (id. ). The Court of Appeals held that while the absence of medical treatment is a factor in determining whether physical injury has been caused, a jury can consider whether a victim's subjective ability to withstand pain resulted in a decision to forgo medical care. In Guidice, evidence that the victim lost sensation in his arm, that his arm was discolored and that he suffered substantial pain to the arm after being hit with a baseball bat was sufficient to constitute physical injury although the victim did not seek medical treatment.