Legal Opinion

People v. McKinnon

New York Court of Appeals

Decided October 14, 2010No. 163PublishedCited by 81 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

We hold that the evidence was insufficient to support defendant’s conviction for first degree assault, because it did not show that the victim of the assault was “seriously” disfigured.

I

The victim was an inspector for the New York City Department of Health and Mental Hygiene. On the day in question, she went to inspect a summer camp at a Bronx storefront church. When she arrived, the camp was not yet open, but defendant, who lived in the building, let her in and began to chat with her. A few minutes later, defendant put an arm around the victim’s neck and choked…

2Cases cited3 opinions

  1. Fleming v. GrahamNew York Court of Appeals · 2008
  2. Pilato v. Nigel Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  3. People v. McKinnonAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by81 opinions

  1. People v. StewartNew York Court of Appeals · 2011
  2. People v. TuckerAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. NesbittNew York Court of Appeals · 2013
  4. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2021
  5. People v. JonesAppellate Division of the Supreme Court of the State of New York · 2016

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