People v. Harper
Opinion of the Court
— Judgment unanimously affirmed. Memorandum: The evidence of physical injury to the victim was sufficient to support defendant’s conviction for assault in the third degree (cf., People v McDowell, 28 NY2d 373). The victim testified that the force of defendant’s blow to her eye caused her to fall to the floor. She was dazed and couldn’t see out of her left eye. Her eye began to swell. Defendant himself testified that the victim’s eye was swollen and ’’in bad shape”. Photographs of the victim taken in the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.