People v. Sipp (Ct. App. 8/29/2019) was a criminal case that was SSM’ed. It is a short, unsigned opinion that nevertheless adds to the body of law on the difference between physical injury and serious physical injury. The defendant was convicted of Assault 2º and, on appeal, argued that his request for a lesser-included instruction of Assault 3º should have been granted. The Court of Appeals disagreed, holding that the evidence supported nothing less than a finding of serious physical injury because:
the victim’s face was disfigured with scars above one eyebrow, under the other eye, on her lip and across her neck, and that apart from the scars, her facial structure and appearance had changed significantly. Testimony from her treating physician established that she suffered at least five displaced fractures around her eye sockets and nose, which were left to heal as displaced
(LC)
New York Criminal Law and Procedure 