People v. Jimenez

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 NY3d 311 , 315-316 [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 scarf ] remained seriously disfiguring under the McKinnon standard” (People v Coote, 110 AD3d 485 , 485 [1st Dept 2013], lv denied 22 NY3d 1198 [2014]).

We perceive no basis for reducing the sentence.

Concur— Renwick, J.P., Manzanet-Daniels, Mazzarelli, Kahn and Moulton, JJ.