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Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); New York Supreme Court, Appellate Division; 145 A.D.3d 1428; 44 N.Y.S.3d 620. Datos: https://static.case.law/ad3d/145/cases/1428-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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People v. Manigault, 145 A.D.3d 1428 (New York Supreme Court, Appellate Division, 2016) Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered June 24, 2014. The judgment convicted defendant, upon a jury verdict, of assault in the first degree and criminal possession of a weapon in the third degree. It is hereby ordered that the judgment so appealed from is unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of assault in the first degree (Penal Law § 120.10 [1]) and criminal possession of a weapon in the third degree (§ 265.02 [1]). We reject defendant’s contention that his conviction of assault in the first degree is not supported by legally sufficient evidence of a serious physical injury, which includes a physical injury that causes “serious and protracted disfigurement” (§ 10.00 [10]). “A person is ‘seriously’ disfigured when a reasonable observer would find [the person’s] altered appearance distressing or objectionable” (People v McKinnon, 15 NY3d 311, 315 [2010]), and “the injury must be viewed in context, considering its location on the body and any relevant aspects of the victim’s overall physical appearance” (id.). Here, the evidence at trial established that defendant used a box cutter to cut the victim’s face and chest, resulting in a facial wound that required five deep sutures and 20 superficial sutures to close. The victim testified at trial and lifted his shirt to show…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); New York Supreme Court, Appellate Division; 145 A.D.3d 1428; 44 N.Y.S.3d 620. Datos: https://static.case.law/ad3d/145/cases/1428-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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People v. Manigault, 145 A.D.3d 1428 (New York Supreme Court, Appellate Division, 2016) Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered June 24, 2014. The judgment convicted defendant, upon a jury verdict, of assault in the first degree and criminal possession of a weapon in the third degree. It is hereby ordered that the judgment so appealed from is unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of assault in the first degree (Penal Law § 120.10 [1]) and criminal possession of a weapon in the third degree (§ 265.02 [1]). We reject defendant’s contention that his conviction of assault in the first degree is not supported by legally sufficient evidence of a serious physical injury, which includes a physical injury that causes “serious and protracted disfigurement” (§ 10.00 [10]). “A person is ‘seriously’ disfigured when a reasonable observer would find [the person’s] altered appearance distressing or objectionable” (People v McKinnon, 15 NY3d 311, 315 [2010]), and “the injury must be viewed in context, considering its location on the body and any relevant aspects of the victim’s overall physical appearance” (id.). Here, the evidence at trial established that defendant used a box cutter to cut the victim’s face and chest, resulting in a facial wound that required five deep sutures and 20 superficial sutures to close. The victim testified at trial and lifted his shirt to show…