People v. Dore

Summary

The New York Supreme Court, Appellate Division, First Department unanimously affirmed Javid Dore's conviction for assault in the third degree. The court held that the evidence was legally sufficient to establish that the victim sustained a physical injury and that the verdict was not against the weight of the evidence.

Holdings

1. The evidence was legally sufficient for the jury to find that the victim suffered a physical injury because the repeated blows, choking, knee strikes, soreness, antibiotic treatment, and persistent scar supported findings of substantial pain and physical impairment.
2. The verdict was not against the weight of the evidence.

Questions Presented

1. Whether the evidence was legally sufficient to establish that the victim suffered a physical injury within the meaning of New York Penal Law § 10.00(9).
2. Whether the verdict finding defendant guilty of assault in the third degree was against the weight of the evidence.

Disposition

affirmed