Opinion
326
February 26, 2002.
Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered April 15, 1999, convicting defendant, after a jury trial, of assault in the first and second degrees, and sentencing her to concurrent terms of 4 to 8 years and 3½ to 7 years, respectively, unanimously affirmed.
Samuel M. Meirowitz for respondent.
Judith Preble for defendant-appellant.
Before: Tom, J.P., Mazzarelli, Rosenberger, Ellerin, Rubin, JJ.
Defendant's claim that the evidence was insufficient to show that the complainant suffered a serious and permanent disfigurement, as required by Penal Law § 120.10(2) is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find the evidence to be legally sufficient (see, People v. Jackson, 267 A.D.2d 183, lv denied 94 N.Y.2d 949; People v. Askerneese, 256 A.D.2d 34, affd 93 N.Y.2d 884). The victim received a permanent, visible scar around her eye which she chose to cover with makeup.
We perceive no basis for a reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.