Assault in the Third Degree During an Attempt to Steal a Motor Scooter in New York

In People v Henderson, 92 NY2d 677 (1999), the allegations of the information were that after defendant and another tried to pull the informant's motor scooter from him in an effort to steal it, they "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" (People v. Henderson, 92 NY2d at 679). The court ruled that these allegations established a prima facie case of assault in the third degree, observing "in the normal course of events, the deposition supporting a misdemeanor complaint will be secured within hours or days after the events complained of, thus satisfying the requirements for a valid information . A victim would not necessarily know with any certainty, shortly after an attack, what its lasting effects will be. 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, 92 NY2d at 680-681).