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PEOPLE v. GONZALEZ

Ind. No. 1753/15. Appeal No. 14430. Case No. 2017-960.

198 A.D.3d 543 (2021)

152 N.Y.S.3d 807

2021 NY Slip Op 05785

The People of the State of New York, Respondent, v. Lenin Gonzalez, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 21, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Susan Epstein , of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Julia Gorski , of counsel), for respondent.

Concur— Acosta, P.J., Manzanet-Daniels, Kern, Oing, Kennedy, JJ.

The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348 [2007]). The element of serious physical injury was satisfied by evidence that clearly supported a finding of serious disfigurement (see People v McKinnon, 15 N.Y.3d 311, 315-316 [2010]). The wound inflicted by defendant also created a substantial risk of death due to its proximity to the victim...

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