In People v. Henderson, 92 N.Y.2d 677 (1999) the Court of Appeals held that the following factual allegations were sufficient to establish a prima facie case of assault in the third degree: "acting together and in concert with an unapprehended individual, [the defendant] did intentionally injure the informant, and did attempt to steal property from the informant, in that the defendant and the other individual did grab the informant's motor scooter, and did attempt to pull said motor scooter from the informant and the defendant and the other individual did then kick the informant about the legs, causing the informant to suffer contusions and swelling about the legs, as well as causing the informant to suffer substantial pain, alarm and annoyance." . In People v. Henderson, the Court of Appeals addressed the facial sufficiency challenge of a misdemeanor accusatory instrument charging assault in the 3rd degree, whereby the information alleged the defendant and another pulled and kicked the complaining witness from a scooter resulting in contusions and swelling, as well as substantial pain. (People v. Henderson, supra, at 680). In finding the accusatory instrument sufficient, the Henderson court held that "under the prima facie case requirement. . .the information must set forth sufficient factual allegations to warrant the conclusion that the victim suffered an impairment of physical condition or substantial pain." (Id at 680). Moreover, the Henderson court emphasized "that the prima facie case requirement is not the same as the burden of proof beyond a reasonable doubt required at trial" (People v. Henderson at) and "that under these circumstances, allegations of substantial pain, swelling and contusions, following kicks, must be deemed sufficient to constitute physical injury' to support a facially valid local criminal court information." (People v. Henderson at 681.).