NYSentencing

§ 120.10 Assault in the first degree.
  A person is guilty of assault in the first degree when:
  1.  With  intent to cause serious physical injury to another person,
he causes such injury to such person or to a third person by means  of
a deadly weapon or a dangerous instrument; or
  2.   With   intent   to   disfigure  another  person  seriously  and
permanently, or to destroy, amputate or disable permanently  a  member
or  organ  of  his  body, he causes such injury to such person or to a
third person; or
  3. Under circumstances evincing a  depraved  indifference  to  human
life,  he  recklessly engages in conduct which creates a grave risk of
death to another person, and thereby causes serious physical injury to
another person; or
  4. In the  course  of  and  in  furtherance  of  the  commission  or
attempted commission of a felony or of immediate flight therefrom, he,
or another participant if there be any, causes serious physical injury
to a person other than one of the participants.
  Assault in the first degree is a class B felony.
with Argument