Opinion
5100 Ind. 1698/12
11-30-2017
The PEOPLE of the State of New York, Respondent, v. Steven JIMENEZ, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Allen Fallek of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Allen Fallek of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Mazzarelli, Kahn, Moulton, JJ.
Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered June 24, 2014, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second felony offender, to a term of 12 years, unanimously affirmed.The evidence was legally sufficient to establish that the injury inflicted by defendant when he slashed the victim across the face with a box cutter caused serious disfigurement, thereby satisfying the serious physical injury element of first-degree assault (see People v. McKinnon, 15 N.Y.3d 311, 315–316, 910 N.Y.S.2d 767, 937 N.E.2d 524 [2010] ). The People presented evidence that the victim sustained a laceration to the right side of his face that ran from his forehead to his jaw, and that the laceration resulted in a permanent scar, which the jury observed. "[V]iewed as a whole, and especially considering the prominent location of the wound on the face, [the evidence] support[s] the inference that at the time of trial the scar[ ] remained seriously disfiguring under the McKinnon standard" ( People v. Coote, 110 A.D.3d 485, 485, 972 N.Y.S.2d 263 [1st Dept.2013], lv. denied 22 N.Y.3d 1198, 986 N.Y.S.2d 418, 9 N.E.3d 913 [2014] ).
We perceive no basis for reducing the sentence.