15 N.Y.3d 311 (2010)
For a first-degree assault conviction based on disfigurement, the injury must cause a serious disfigurement, meaning a reasonable observer would find the altered appearance distressing or objectionable, considering the injury’s location and the victim’s overall appearance.
Summary
Donald McKinnon was convicted of first-degree assault for biting a health inspector, leaving scars on her forearm. The Court of Appeals reversed the conviction, finding the evidence insufficient to prove the victim suffered “serious disfigurement” as required by Penal Law § 120.10 (2). The court defined “serious disfigurement” as an altered appearance that a reasonable observer would find distressing or objectionable. Because the prosecution failed to provide sufficient evidence detailing the nature and severity of the scars, the court found the evidence insufficient to support the conviction. The Court also dismissed the second degree assault conviction based on “serious physical injury” due to lack of evidence, while allowing retrial for second degree assault based on injury caused during a felony.
Facts
A health inspector visited a summer camp at a storefront church. Defendant, who lived in the building, let her in. McKinnon choked her unconscious and then bit her twice on the inner forearm while holding a knife. The bites tore her flesh but did not require stitches. The inspector was advised to consult a plastic surgeon for optimal cosmetic results, but there was no evidence she did so. McKinnon also stole the inspector’s cell phone as he fled.
Procedural History
McKinnon was convicted in the trial court of first-degree assault, attempted kidnapping, and criminal possession of stolen property. The Appellate Division affirmed. McKinnon appealed only his first-degree assault conviction to the Court of Appeals. The Court of Appeals reversed the Appellate Division’s order regarding the first-degree assault conviction.
Issue(s)
1. Whether the evidence presented was sufficient to prove that the victim suffered