Opinion
November 19, 1992
Appeal from the Supreme Court, Bronx County (Frank Torres, J.).
Viewing the evidence in the light most favorable to the People (People v Contes, 60 N.Y.2d 620), the victim's testimony that, as a result of being repeatedly punched in the chest, he coughed blood for three weeks and was in pain and unable to work, and that even by the time of trial was unable to resume heavy work and occasionally still suffered chest pains, was sufficient to establish physical injury within the meaning of Penal Law § 10.00 (9) (see, People v Rivera, 158 A.D.2d 340, lv denied 76 N.Y.2d 741), even in the absence of medical testimony (Matter of Christopher T., 156 A.D.2d 190).
Defendant did not object to the trial court's charge regarding credibility, an interested witness, and the use of defendant's prior conviction, and thus has failed to preserve these issues for appellate review (CPL 470.05). In any event, the charge given, when read as a whole, was proper, and apprised the jury of the appropriate burden of proof (People v Martinez, 178 A.D.2d 369, lv denied 79 N.Y.2d 950).
Concur — Milonas, J.P., Ellerin, Kupferman and Kassal, JJ.