ALBANY – A man who was slashed with a utility knife and suffered a 12-inch-long, three-inch deep abdominal wound did not sustain a “serious physical injury” within the meaning of the Penal Law, according to an upstate appellate panel that reduced a first-degree assault conviction.
The Appellate Division, Third Department, noted that the cut did not injure any internal organs, that exploratory surgery took less than 20 minutes and that no main blood vessels were damaged. It said the victim was discharged from the hospital within 12 hours with a wound that was expected to take no more than three months to heal. With those facts, the court said, the injury did not establish the “serious physical injury” element of first-degree assault.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
