People v. Askerneese

Lerner, P. J., and Wallach, J.,

dissent in a memorandum by Lerner, P. J., as follows: I disagree with the aifirmance of the conviction and would reverse. In my view, the proof was legally insufficient to support a verdict of assault in the first degree, and in any event, was against the weight of the evidence.

The complainant’s injuries fall short of the objective standard required by the Penal Law when the evidence submitted at trial is weighed against the objective quantum of evidence that is required to prove serious and protracted disfigurement. The contents of the medical record are…