New York (2010)


NY. PENAL LAW § 121.11. CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION

A person is guilty of criminal obstruction of breathing or blood circulation when, with intent to impede the normal breathing or circulation of the blood of another person, he or she:

a. Applies pressure on the throat or neck of such person; or

b. Blocks the nose or mouth of such person.

Criminal obstruction of breathing or blood circulation is a Class A misdemeanor.

NY. PENAL LAW § 121.12. STRANGULATION IN THE SECOND DEGREE 

A person is guilty of strangulation in the second degree when he or she commits the crime of criminal obstruction of breathing or blood circulation, as defined in Section 121.11 of this article, and thereby causes stupor, loss of consciousness for any period of time, or any other physical injury or impairment.

Strangulation in the second degree is a Class D felony.

NY. PENAL LAW § 121.13. STRANGULATION IN THE FIRST DEGREE 

A person is guilty of strangulation in the first degree when he or she commits the crime of criminal obstruction of breathing or blood circulation, as defined in Section 121.11 of this article, and thereby causes serious physical injury to such other person.

Strangulation in the first degree is a Class C felony.

PEOPLE v. RYDER 

146 A.D.3d 1022 (2017)

“The absence of a long term serious injury to the mother did not preclude the finding of life-threatening actions by the Defendant. The same is true for attempted murder or strangulation. Loss of consciousness, impaired vision and/or loss of motor function is life-threatening.”

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