Contrary to defendant's argument, his conviction was based on legally sufficient evidence and was not against the weight of the evidence. The conviction of assault in the second degree required the People to prove beyond a reasonable doubt that the victim suffered a "serious physical injury" (Penal Law § 120.05 [1]), a term that the Penal Law defines as "physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
