| People v Acevedo |
| 2016 NY Slip Op 04663 [140 AD3d 494] |
| June 14, 2016 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Lynette Acevedo, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Carl Kaplan of counsel),for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Philip Morrow of counsel), forrespondent.
Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered January 4,2013, as amended March 15, 2013, December 15, 2014 and January 7, 2015, convictingdefendant, after a jury trial, of assault in the first degree (two counts) and criminalpossession of a weapon in the third degree, and sentencing her to an aggregate term ofsix years, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weightof the evidence (see People vDanielson, 9 NY3d 342, 348-349 [2007]). The element of serious physicalinjury was satisfied by evidence objectively supporting the jury's finding that the knifewound inflicted by defendant caused serious and protracted disfigurement, consisting ofa scar on the victim's neck (seePeople v McKinnon, 15 NY3d 311, 315-316 [2010]). Photographs taken shortlybefore trial, the jury's view of the scar, medical testimony, testimony from the victim andreasonable inferences to be drawn from the evidence support the conclusion that the scarwas prominent and distressing, and that it remained so at the time of trial, years after thecrime (see e.g. People vCruz, 131 AD3d 889, 889 [1st Dept 2015], lv denied 26 NY3d 1108[2016]). Concur—Friedman, J.P., Sweeny, Webber and Gesmer, JJ.