Opinion
March 7, 1994
Appeal from the Supreme Court, Queens County (Pitaro, J.).
Ordered that the judgments are affirmed.
Viewing the evidence adduced at the trial under Indictment No. 6274/89 in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Contrary to the defendant's contention, the evidence established that the complainant sustained physical injury (see, Penal Law § 10.00; People v. Lopez, 156 A.D.2d 386; People v. Lundquist, 151 A.D.2d 505). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
In light of our determination, we reject the defendant's claim that he should be permitted to withdraw his plea of guilty under Indictment No. 6249/89 (see, People v. Fuggazzatto, 62 N.Y.2d 862; People v. Wolfolk, 191 A.D.2d 529).
We have considered the defendant's remaining contentions and find them to be without merit. Balletta, J.P., O'Brien, Ritter and Florio, JJ., concur.