Legal Opinion

People v. Askerneese

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 1998PublishedCited by 9 opinions

1Opinion of the Court

—Judgment, Supreme Court, New York County (Mary McGowan Davis, J.), rendered April 3, 1997, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to an indeterminate term of 3 to 6 years, affirmed.

The quantum of proof with respect both to serious physical injury (Penal Law § 10.00 [10]) and defendant’s intent to cause such injury was sufficient to support the verdict of first-degree assault. The injury to the complainant’s face was not merely a “split lip” as that term is commonly used. The deep puncture wound in his upper lip went completely through to…

2Cases cited4 opinions

  1. People v. WadeAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. PerezAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. JimenezAppellate Division of the Supreme Court of the State of New York · 1998
  4. People v. Steven S.Appellate Division of the Supreme Court of the State of New York · 1990

3Cited by9 opinions

  1. People v. WestAppellate Division of the Supreme Court of the State of New York · 2000
  2. People v. BarnesAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. PlumeAppellate Division of the Supreme Court of the State of New York · 2003
  4. People v. KenwardAppellate Division of the Supreme Court of the State of New York · 1999
  5. People v. KenneyAppellate Division of the Supreme Court of the State of New York · 2002

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