Broken nose, three chipped teeth do not constitute serious physical injury

In People v. Rosado (1st Dept. 10/4/2011), the issue for the court was whether the People proved the existence of a serious physical injury.  After he sustained the injuries, the victim underwent surgery on his nose.  The surgery was successful and, apart from a slight indendentation in the nose, he did not suffer any lasting effects.  The indentation did not qualify as a serious disfigurement because a "reasonable observer" would not find the "altered appearance distressing or objectionable."  In addition, the victim's three chipped teeth did not rise to the level of serious injury.  Accordingly, the Defendant's conviction was reduced to Assault 3º, a misdemeanor.  (LC)

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