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PEOPLE v. McKENZIE

2257/12, 6737, 2312/12, 6736.

161 A.D.3d 703 (2018)

78 N.Y.S.3d 66

2018 NY Slip Op 03910

The People of the State of New York, Respondent, v. Elvis McKenzie, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 31, 2018.

We reject defendant's challenge to the sufficiency of the evidence supporting the serious physical injury element of the convictions relating to a robbery victim who was stabbed. The evidence, including expert medical testimony, established serious physical injury under the theory of creating a substantial risk of death (Penal Law § 10.00 [10]). The attending physician testified that the three-inch cut behind the victim's...

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