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You are here: Home1 / Criminal Law2 / THE PROOF OF PHYSICAL INJURY WAS NOT SUFFICIENT TO SUPPORT THE STRANGULATION...
Criminal Law, Evidence

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.

 

October 14, 2026
Tags: Second Department
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https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png 0 0 Bruce Freeman https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png Bruce Freeman2026-10-14 22:06:402026-10-23 22:19:02THE PROOF OF PHYSICAL INJURY WAS NOT SUFFICIENT TO SUPPORT THE STRANGULATION AND ASSAULT CONVICTIONS (SECOND DEPT).
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CITY, AS THE OWNER OF THE MARINA WITH RIPARIAN RIGHTS, WAS ENTITLED TO EJECT DEFENDANTS WHO WERE USING AN INOPERABLE VESSEL AS A HOUSEBOAT DOCKED AT THE MARINA (SECOND DEPT).
EVEN AN INNOCENT MATERIAL MISTAKE ON AN INSURANCE APPLICATION RENDERS THE POLICY UNENFORCEABLE.
GENERAL OBLIGATIONS LAW 5-703 GIVES AN EQUITY COURT THE POWER TO ENFORCE AN ORAL CONTRACT FOR THE PURCHASE OF REAL PROPERTY; THE CAUSES OF ACTION SEEKING TO ENFORCE AN ALLEGED ORAL AGREEMENT GIVING PLAINTIFFS THE OPTION TO PURCHASE THE PROPERTY UPON THE OWNER’S DEATH SHOULD NOT HAVE BEEN DISMISSED (SECOND DEPT).
CONTRACT WAS ENFORCEABLE DESPITE PARTIES’ EXPECTATION A MORE FORMAL CONTRACT WOULD BE EXECUTED LATER, PLAINTIFF’S MOTION TO CONFORM THE COMPLAINT TO THE PROOF AT TRIAL SHOULD HAVE BEEN GRANTED (SECOND DEPT).
FAMILY COURT SHOULD NOT HAVE LEFT SCHEDULING SUPERVISED THERAPEUTIC PARENTAL ACCESS TO THE PARTIES (SECOND DEPT).
THE ISSUES OF NEGLIGENCE AND PROXIMATE CAUSE WERE NOT INTERTWINED; THE VERDICT FINDING DEFENDANT NEGLIGENT BUT THAT THE NEGLIGENCE WAS NOT THE PROXIMATE CAUSE OF THE INJURY SHOULD NOT HAVE BEEN SET ASIDE; IN RESPONSE TO A JURY NOTE, THE JUDGE PROPERLY TOLD THEM THEY COULD FIND THAT THE ACCIDENT DID NOT HAPPEN (SECOND DEPT).
THE JUDGE FAILED TO FOLLOW THE THREE-STEP PROCEDURE FOR ASSESSING A BATSON CHALLENGE; THE DEFENDANT WAS NOT GIVEN THE OPPORTUNITY TO ARGUE THAT THE PEOPLE’S PURPORTED RACE-NEUTRAL REASONS FOR ELIMINATING A PROSPECTIVE HISPANIC JUROR WERE PRETEXTUAL; NEW TRIAL ORDERED (SECOND DEPT).
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