Opinion
October 25, 1993
Appeal from the County Court, Westchester County (Carey, J.).
Ordered that the judgment is affirmed.
Viewing the evidence adduced at the trial in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find, contrary to the defendant's contention, that it was legally sufficient to establish both the identity of the defendant as the perpetrator and that the complainant sustained physical injury (see, Penal Law § 10.00; People v. Harper, 145 A.D.2d 933, affd 75 N.Y.2d 313; People v. Hope, 128 A.D.2d 638). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
We find no merit to the defendant's contention that he was improperly adjudicated a persistent violent felony offender because the People failed to file the necessary statement pursuant to CPL 400.16 and because the sentencing court improperly relied upon a 1979 violent felony conviction. Contrary to the defendant's assertion, the record clearly establishes that the defendant was served with a persistent violent felony offender statement in a timely fashion. Additionally, the defendant had previously been adjudicated a second violent felony offender based upon his 1979 conviction, and was, therefore, bound by that adjudication in this proceeding (see, CPL 400.15; see also, People v. Oliver, 63 N.Y.2d 973).
The defendant's remaining contentions are unpreserved for appellate review or without merit. Rosenblatt, J.P., Lawrence, O'Brien and Ritter, JJ., concur.