Opinion
Argued March 18, 1988
Decided April 21, 1988
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Elbert Hinkson, J.
John J. Halloran, Jr., for appellant.
Paul Gentile, District Attorney (Andrea M. DiGregorio and Peter D. Coddington of counsel), for respondent.
Order affirmed. Defendant's primary argument on this appeal, that evidence of a prior assault on the victim was not admissible to negate the anticipated defense of accident, was not raised in the trial court and therefore is not preserved for our review. Defendant's remaining contentions, challenging the sufficiency of the evidence, are without merit.
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.