The People of the State of New York, Respondent v. Donald McKinnon, Appellant

Summary

The Court reversed the conviction for first degree assault, holding that the evidence did not establish that the victim was seriously disfigured, and also dismissed the second degree assault count based on serious physical injury. It defined "seriously disfigured" as an injury that a reasonable observer would find distressing or objectionable. Judge Pigott dissented, arguing that the record was sufficient and that the burden to develop the record rested on the defense. The case was remanded for further proceedings.