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THE GRAND JURY EVIDENCE OF TWO LACERATIONS ON THE VICTIM’S NECK, 3-4 AND 5-6 CENTIMETERS LONG, SUPPORTED THE TWO COUNTS OF FIRST DEGREE ASSAULT BASED UPON DISFIGUREMENT (FOURTH DEPT).

The Fourth Department, reversing County Court, over a two-justice dissent, determined the evidence presented to the Grand Jury was sufficient to support the assault first degree counts based upon disfigurement, i.e., two lacerations, 3-4 and 5-6 centimeters long, on the victim anterior neck:

… [T]he evidence before the grand jury included the testimony of the victim, the victim’s medical records, and photographs of the victim taken on the day of the incident. The evidence established that, as a result of the assault, the victim sustained “two significant lacerations to her anterior neck,” which were 3-4 and 5-6 centimeters long, respectively, with soft tissue defects and exposure of underlying subcutaneous fat. The lacerations required at least 10 sutures to close. We conclude that the grand jury could reasonably infer from the evidence that the sutured wounds resulted in permanent scars … . We further conclude that, when “viewed in context, considering [their] location on the body”… , the grand jury could reasonably infer that the scars would “make the victim’s appearance distressing or objectionable to a reasonable person observing her” … . People v Harwood, 2020 NY Slip Op 02594, Fourth Dept 5-1-20

 

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