Earlier this month, a state appellate court issued a written opinion in a New York assault case discussing the required elements of “assault in the first degree.” The case required the court to determine if the prosecution presented legally sufficient evidence to sustain the conviction. The court ultimately held that the prosecution met its burden and upheld the defendant’s conviction.
The Facts of the Case
According to the court’s opinion, the defendant was involved in an altercation with two other men. During the altercation, the defendant allegedly struck both men in the head with a hard metal object. One of the men suffered serious injuries, and was transported to the hospital where he underwent a craniotomy and received 40 staples to close the injury to his head. A witness caught the entire incident on video.
The defendant was charged with assault in the first degree, attempted assault of the second degree, and criminal possession of a weapon in the third degree. At trial, a jury convicted the defendant and he was sentenced accordingly. On appeal, the defendant claimed that the evidence presented at trial was legally insufficient to sustain his conviction. He also claimed that there was insufficient evidence to prove that his actions were the cause of the victim’s injuries.