What is the legal test for serious physical injury?
The following excerpt is from People v. E.S.B., 136 N.Y.S.3d 680 (Table), 70 Misc.3d 1208 (A) (N.Y. Cty. Ct. 2020):
6 "Physical injury" is defined as "impairment of physical condition or substantial pain" [Penal Law 10.00 (9) ], while "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) ].
7 (See , e.g. , People v. Meggie , 184 Misc 2d 883, 887 [Nassau District Ct 2000] ).
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