People v. Cooper

3 Citing cases

  1. People v. Herrera

    202 A.D.3d 517 (N.Y. App. Div. 2022)   Cited 5 times
    In Herrera, the defendant, who was fleeing from the police, ran several red lights as he drove fourteen blocks against oncoming traffic on a major roadway before driving onto a connected parkway on which cars were going even faster.

    "Serious physical injury" is defined as "physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ" ( Penal Law § 10.00[10] [emphasis added]). Although the Penal Law does not define the term "protracted," " ‘nothing in the statute limits ‘protracted’ impairments to those that are permanent or measured in years’ " ( People v. Cooper, 192 A.D.3d 644, 644, 141 N.Y.S.3d 309 [1st Dept. 2021], lv denied 37 N.Y.3d 964, 148 N.Y.S.3d 750, 171 N.E.3d 226 [2021], quoting People v. Wilkins, 138 A.D.3d 581, 581, 28 N.Y.S.3d 609 [1st Dept. 2016], lv denied 27 N.Y.3d 1141, 39 N.Y.S.3d 123, 61 N.E.3d 522 [2016] ). The evidence sufficiently supports the conclusion reached by the jury that this victim sustained a "protracted impairment of health" ( Penal Law § 10.00[10] ).

  2. People v. Herrera

    No. 2022-00949 (N.Y. App. Div. Feb. 10, 2022)

    "Serious physical injury" is defined as "physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ" (Penal Law § 10.00[10] [emphasis added]). Although the Penal Law does not define the term "protracted," "'nothing in the statute limits 'protracted' impairments to those that are permanent or measured in years'" (People v Cooper, 192 A.D.3d 644, 644 [1st Dept 2021], lv denied 37 N.Y.3d 964 [2021], quoting People v Wilkins, 138 A.D.3d 581, 581 [1st Dept 2016], lv denied 27 N.Y.3d 1141 [2016]).

  3. People v. Herrera

    2022 N.Y. Slip Op. 949 (N.Y. Sup. Ct. 2022)

    "Serious physical injury" is defined as "physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ" (Penal Law § 10.00[10] [emphasis added]). Although the Penal Law does not define the term "protracted," "'nothing in the statute limits 'protracted' impairments to those that are permanent or measured in years'" (People v Cooper, 192 A.D.3d 644, 644 [1st Dept 2021], lv denied 37 N.Y.3d 964 [2021], quoting People v Wilkins, 138 A.D.3d 581, 581 [1st Dept 2016], lv denied 27 N.Y.3d 1141 [2016]). The evidence sufficiently supports the conclusion reached by the jury that this victim sustained a "protracted impairment of health" (Penal Law § 10.00[10]).