| People v Coy |
| 2007 NY Slip Op 08790 [45 AD3d 1050] |
| November 15, 2007 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v John T. Coy,Appellant. |
—[*1] Donald F. Cerio Jr., District Attorney, Wampsville, for respondent.
Rose, J. Appeal from a judgment of the County Court of Madison County (Di Stefano, J.),rendered April 6, 2005, upon a verdict convicting defendant of the crime of assault in the seconddegree.
Following a jury trial, defendant was convicted of assault in the second degree as a result ofinjuries he inflicted on the female victim. His sole contention on appeal is that the victim was notshown to have sustained a "serious physical injury" (Penal Law § 120.05 [1]). That term,as applied here, is defined as a "physical injury which . . . causes . . .protracted impairment of [the victim's] health" (Penal Law § 10.00 [10]).
The medical evidence and testimony of the victim at trial established that, as a result ofdefendant's attack, she suffered a broken clavicle, bruised ribs and four broken facial boneswhich required surgical implantation of supporting plates. She also had extensive neck and facialbruises and lacerations requiring stitches, and she lost consciousness. After her initial treatmentand examination in the emergency room, the victim was placed in intensive care where sheremained for approximately four days after the incident. Photographs presented to the jury duringthe trial clearly showed the severity of the victim's injuries, and other evidence indicated that thefacial numbness, indentations in her head and the need for pain medication had persisted formore than one year and are likely to be permanent conditions. From the evidence, the jury [*2]could also reasonably infer that the victim's injuries required her toundergo plastic surgery. Such evidence sufficiently established a protracted impairment of thevictim's health (see People v Kern, 75 NY2d 638, 658 [1990], cert denied 498 US824 [1990]; People v Graham, 297 AD2d 579, 580 [2002], lv denied 99 NY2d535 [2002]; People v Lewis, 277 AD2d 603, 606-607 [2000], lv denied 95 NY2d966 [2000]; People v Knapp, 213 AD2d 740, 741 [1995]).
Mercure, J.P., Crew III, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed.