New York Criminal Attorney Blog
In a recent case before a New York appeals court, the State asked for a reconsideration of an appellate division’s unfavorable decision. Originally, the defendant was convicted of assault in the second degree. In January 2022, the Appellate Division of the Supreme Court of New York reversed the defendant’s guilty verdict because, according to the court, there was insufficient legal evidence to support the conviction. In May 2023, however, that decision was reversed, given the higher court’s ruling that the evidence was, indeed, sufficient to show that the defendant had assaulted another individual. The case was then remanded back to the lower court for additional proceedings.
Facts of the Case
According to the opinion, the defendant was charged with assault in the second degree after a burglary incident in 2014. The defendant’s case went to trial, and he was found guilty as charged. First, the defendant appealed on the grounds that there was not enough evidence on the record to support the conviction. The reviewing court agreed, reversing the guilty verdict.
In 2023, however, the state of New York appealed. The higher court looked again at the evidence to determine if the original reversal was correct. Particularly relevant to the court’s review was evidence that the victim in the case experienced bleeding and swelling after the burglary incident. Hospital records indicated that the victim’s pain was “aching,” and the victim testified while at the hospital that the defendant had punched him in the face on the night in question.
The Decision
Weighing this evidence, the court decided that there was sufficient proof to support a jury’s finding of assault. The lower reviewing court had overlooked the evidence of the victim’s injuries, which was crucial in allowing the jury to find the defendant guilty. In a case of assault, there must be proof of physical injury, and here, said the court, that proof did exist. In New York in order to prove physical injury the prosecution must prove either substantial pain or impairment of physical condition. In other words, just a red mark from a slap or a scratch will probably not be enough in New York to make out physical injury.
In this case the victim testified that the defendant delivered a blow to the face which was very hard and caused swelling, bleeding and pain. The hospital records stated that the victim’s pain was aching and he was prescribed over the counter pain medication. The Court said that evidence was enough to make out physical injury.
Because the first reviewing court’s decision was incorrect, then, the second court reversed the decision and remitted the case to the Appellate Division for reconsideration of the issues with these facts in mind.
Sufficiency of the Evidence
Challenging the sufficiency of the prosecution’s evidence is one of the cornerstone defenses in any criminal trial. Under the United States and New York constitutions, it is the prosecution’s burden to prove every element of a criminal offense beyond a reasonable doubt. By arguing that the government’s evidence is lacking, or insufficient, a defendant can prevent the government from proving its case, resulting in an acquittal.
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