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THE PEOPLE OF THE STATE OF NEW YORK, Respondent
v.
CAROL ANN GARGUILO, Appellant.
Argued By: Judah Serfaty (counsel for the appellant); John F. McGlynn (counsel for the respondent)
Conviction Reversed / Accusatory Instrument Dismissed: Patricia D. Collins, P.J.; Angelo J. Ingrassia & Marquette L. Floyd, JJ.
DECISION OF THE COURT
<SM-1>
Appeal by defendant from a judgment of the Justice Court, Town of Southampton, Suffolk County* (D. Palmieri, J., at Jury Trial & Sentence) rendered on January 11, 1994, convicting her of assault in the third degree and imposing sentence.
Judgment of conviction unanimously reversed on the law and information dismissed.
Allegations that defendant punched defendant in the eye, causing lacerations, contusions, swelling and discoloration, without more, fail to establish the requisite element of physical injury (see, Penal Law §§ 120.00, 10.00<SM-2>[9]; People v. McDowell, 28 NY2d 373; cf., People v. Harper, 145 AD2d 933). We note that the hearsay allegation in the information that complainant received medical attention was not corroborated by the complainant's supporting deposition.
* Webmaster's Correction: This case actually arose from a judgment of the District Court of Nassau County.
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