Opinion
Submitted June 1, 2000.
July 12, 2000.
Appeal by the defendant from a judgment of the County Court, Nassau County (Galasso, J.), rendered March 9, 1999, convicting him of assault in the first degree, assault in the second degree (two counts), criminal possession of a weapon in the third degree, and assault in the third degree, upon a jury verdict, and imposing sentence.
Bruce R. Bekritsky, Mineola, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Karen Wigle Weiss and Daniel T. Butler of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, expert medical testimony may be used to establish that an injury was caused by a dangerous instrument (see, People v. Wilson, 240 A.D.2d 774, 775; People v. Goode, 216 A.D.2d 579; People v. Davis, 163 A.D.2d 826). Here, an emergency room nurse testified that the nature of the lacerations to the victim were "clear cut" with "no jagged edges" and concluded that they were caused by a sharp instrument such as a knife, blade, piece of glass, or scalpel. Such evidence belies the defendant's contention that the evidence was insufficient to establish the use of a dangerous instrument (see, People v. Vincent, 231 A.D.2d 444). Moreover, it was unnecessary for the police to recover the weapon in order to prove his guilt beyond a reasonable doubt (see, People v. Vincent, supra).
The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05) or without merit.