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With the Victim Not Cooperating Assault Trial Proceeds

In April of 2010, Louis Calixto, a woman was violently attacked in the East Village. He beat her so savagely the blows could be heard over the noise on the city street. The woman was beaten so severely that she refused to testify. She was afraid that her testimony would lead to another beating. Mr. Calixto’s attorney brought an application to dismiss the charge of assault in the 3rd degree pending against him. He claimed in his application that the prosecutor could not establish “physical injury” based solely on the testimony of eye-witnesses to this horrible event.

The judge sitting on the case, Manhattan Criminal Court Judge Michael J. Wyvinsky, ruled against Mr. Calixto’s application. The judge stated “while the most direct and strongest allegation about any physical injury suffered by a victim would typically come from the victim herself, there is an objective line above which one can reasonably infer the requisite level of physical injury based on the specific allegations regarding the nature of the assault itself.”

The judge also stated in his decision “what is alleged in this case is a vicious and violent attack, not petty slaps. That attack was brutally loud. It resulted in discoloration of the victim’s face where she had been attacked and it caused the victim to both cry out while she was attacked and remained lying on the ground once it was over.”

The judge further stated “that the witness to the incident observed Mr. Calixto strike a female in the head 2 times with a closed fist and that she could hear the sound of the closed fist hitting the victim’s skull.” This case is now scheduled for trial. Hopefully, this vicious assault will result in the conviction of the alleged perpetrator!!

Criminal Defense

The criminal defense lawyers of the Law Office of Elliot S. Schlissel represent individuals charged with assault, battery, sexual offenses, white collar crimes, driving while intoxicated and shop lifting. Should you be the subject of a police investigation or be arrested and charged with a misdemeanor or felony, call us, we can help you. Our phone numbers are 1-800-344-6431; 516-561-6645 or 718-350-2802.

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