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New York (2010)


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.”

People v. Daniels, 159 A.D.2d 631, 553 N.Y.S.2d 30 (1990)

Evidence was sufficient for assault in the second degree. The victim sustained physical injury where: the victim (a police officer) was choked until he felt dizzy, had scratch marks to the neck, had a very bad sore throat causing him to seek medical attention, had difficulty talking and had to repeat himself several times to be heard, subsequently lost his voice, and his sore throat kept him from eating solids (a detective followed up with him 3 days after and observed he could not eat solid foods).

 

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