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PEOPLE v. MINGO

Appellate Division of the Supreme Court of New York, First Department.
Nov 25, 2003
Important Paras
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The court's verdict, including its rejection of defendant's justification defense, was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility. There was extensive evidence supporting the element of serious physical injury required for a second-degree assault conviction under Penal Law ยง 120.05(4), including evidence that defendant stabbed the victim with a large kitchen knife in the abdomen, in the chest, and completely through her arm, causing significant blood loss and keloid scarring, requiring hospitalization (see People v. Gordon, 257 A.D.2d 533, lv denied 93 N.Y.2d 899; see also People v. Briggs, 285 A.D.2d 514, lv denied 97 N.Y.2d 679). Furthermore, the People disproved defendant's justification defense beyond a reasonable doubt (see People v. Goetz, 68 N.Y.2d 96).