New York Court of Appeals
The People of the State of New York, Respondent v. Donald McKinnon, Appellant
October 14, 201015 N.Y.3d 311
Summary
The Court reversed the conviction for first‑degree assault and dismissed the second‑degree assault count based on serious physical injury, holding that the evidence did not prove the victim was seriously disfigured; it allowed a retrial on the second‑degree assault count involving injury in the course of a felony. Justice Pigott dissented, arguing the record was sufficient and the burden was on the defense.