Opinion
04-21-2016
The PEOPLE of the State of New York Respondent, v. Jahmari WILKINS, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Ben A. Schatz of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Matthew B. White of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Ben A. Schatz of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Matthew B. White of counsel), for respondent.
Opinion
Judgment, Supreme Court, Bronx County (Margaret L. Clancy, J.), rendered September 24, 2013, convicting defendant, after a jury trial, of gang assault in the first degree, and sentencing him to a term of five years, unanimously affirmed.
The conviction was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's credibility determinations. The element of serious physical injury (Penal Law § 10.00[10] ) was established by the victim's testimony, coupled with a physician's testimony, demonstrating that the victim's broken jaw caused a protracted impairment of his health, or of the function of a bodily organ. The victim's fractured jaw required surgical intervention, resulting in his jaw being wired shut. For several months thereafter, the injury caused significant pain, restricted the victim to a liquid diet and prevented him from working. We note that nothing in the statute limits “protracted” impairments to those that are permanent or measured in years; in any event, at the time of trial, years after the crime, the injury still prevented the victim's jaw from closing properly and affected his speech (see e.g. People v. Messam, 101 A.D.3d 407, 407–408, 954 N.Y.S.2d 532 [1st Dept.2012], lv. denied 20 N.Y.3d 1102, 965 N.Y.S.2d 798, 988 N.E.2d 536 [2013]; People v. Martinez, 224 A.D.2d 254, 255, 637 N.Y.S.2d 698 [1st Dept.1996], lv. denied 88 N.Y.2d 989, 649 N.Y.S.2d 396, 672 N.E.2d 622 [1996] ).
TOM, J.P., ACOSTA, RICHTER, MANZANET–DANIELS, GESMER, JJ., concur.