well, I would have to read the review I guess, but 40 souds quite a bit low, especially once you consider the effort that went into this game (and it really shows).
After playing now for several hours non-stop, tearing is about the only thing apparent - mostly only in the city. Tearing, as it seems, is only triggered by fast movement, in example, using the right analog stick to move the camera quick from left to right or hovering on a fast ship through the city. The tearing is much less apparent in less populated areas. In the city outskirts, there are hardly any. In Indoor levels, I haven't experienced any. To be quite honest, the tearing is a great annoyance, so to solve that, I've been doing most back tracking by foot instead of using a ship, which brings me to the next point:
The City is HUGE! So huge infact that it can be both an annoyance but also as very impressive and fun. The thing that needs some time is actually learning your way around, while keeping an eye on that tiny map at the bottom right. Especially when the cops are after you, it can be very tough. There are many people wandering the city as well as vehicles, so using a ship at fast speeds and quickly cause you to die (either by being shot or death at high velocity).
I'm still getting used to the game and quite francly don't know yet if I love the changes or hate them. On one hand, I kind of miss the flawless gameplay of the first part, yet appreciate the challenging the gameplay (it's very challenging) and new ideas. The city for now is an annoyance due to tearing and it being so huge that it's quite difficult to find your way around and keep the cops of your throat. The city outskirts make up for it though.
And yeah, despite tearing in the city, the graphics are damn impressive. Definately some of the best visuals I've seen and it's hard to believe sometimes that these visuals together with the superb animation is running on 1999 tech hardware.