Opinion
Decided April 6, 1999
Submitted by David J. Klem, for appellant.
Submitted by Ellen Sue Handman, for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed. Defendant appeals from a conviction of assault in the first degree, arguing that the evidence adduced at trial was insufficient to support the predicate "serious physical injury" standard required under Penal Law § 120.10 (1). When viewed in the light most favorable to the prosecution, however (see, People v. Contes, 60 N.Y.2d 620, 621), the evidence in this case was sufficient to allow a rational trier of fact to find beyond a reasonable doubt that complainant suffered a "serious physical injury." Thus, legally sufficient evidence supported defendant's conviction of first degree assault.
On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.