State v. Ovechka

SCHALLER, J., with whom KATZ and VERTEFEUILLE, Js.,

join, dissenting. Because the jury was not instructed to determine whether the injuries suffered by Michael Rynich constituted a “ ‘[s]erious physical injury’ ” as defined in General Statutes § 53a-3 (4), and because the injuries suffered, in my view, do not satisfy, as a matter of law, the statutory criteria for serious physical injury, I respectfully dissent. I begin by clarifying our role in this case and why the foundation of the majority’s conclusion is based on a faulty premise. Next, I will demonstrate how, under proper consideration…