THE PROOF OF PHYSICAL INJURY WAS NOT SUFFICIENT TO SUPPORT THE STRANGULATION AND ASSAULT CONVICTIONS (SECOND DEPT).

The Second Department reversed strangulation and assault convictions because the proof of physical injury was insufficient:

The injuries to the victim’s neck, described as “redness,” “small black and blue marks,” and “little scratches” are insufficient to establish physical injury … . * * *

The object was described by the victim as “something that was like metal,” which caused tiny red marks on the victim’s stomach. This evidence was insufficient to prove that the object was a dangerous instrument … capable of causing serious physical injury … . People v Guzman, 2026 NY Slip Op 05972, Second Dept 10-14-26

Practice Point: Strangulation and assault require proof of physical injury. The minor injuries proven in this case did not support the convictions.