do not rise to that level. See, e.g., Matter of Philip A., 49 N.Y.2d 198, 200, 424 N.Y.S.2d 418, 400 N.E.2d 358 (1980) (“[Wjhile the question whether the ‘substantial pain’ necessary to establish assault in the third degree has been proved is generally a question for the trier of fact, ... there is an objective level ... below which the question is one of law, and the charge should be dismissed.”); People v. Jimenez, 55 N.Y.2d 895, 896, 449 N.Y.S.2d 22, 433 N.E.2d 1270 (1982) (“Testimony that the victim suffered a one centimeter cut above her lip, without more, was not adequate to prove that the victim suffered either ‘substantial pain’ or ‘impairment of a physical condition.’ ”) (internal citation omitted); People v. Toure, 10 Misc.3d 1054(A), 2005 WL 3249438 at *2 (N.Y.Crim.Ct.2005) (<HOLDING>); see also People v. Martini 62 Misc.2d 544,
holding that defendant had the right to refuse to answer questions put to him by police officer who had called him holding that where the defendant eluded a police officer and caused damage to a squad car the officer was a victim for purposes of restitution holding sexual assault by officer not within scope of employment even though officer on duty in uniform and serving warrant on woman he raped holding that suspect was not in custody when officer handcuffed him for officer safety while transporting him to police station holding that defendant in punching a police officer in the back and in causing the officer to fall to the ground by jumping on him had not caused sufficient injury to warrant a thirddegree assault charge