Opinion
October 31, 1988
Appeal from the County Court, Nassau County (Boklan, J.).
Ordered that the judgment is affirmed.
The evidence was sufficient to permit the jury to infer that the victim suffered a physical injury (see, Penal Law § 10.00; People v Greene, 70 N.Y.2d 860; People v Rojas, 61 N.Y.2d 726, 727). The crime of assault in the third degree (see, Penal Law § 120.00) was properly submitted to the jury as a lesser included offense with respect to the charge of assault in the second degree (see, Penal Law § 120.05; People v Leonardo, 60 N.Y.2d 683, affg 89 A.D.2d 214 for reasons stated at App. Div.). The defendant's contention that the verdict is repugnant to the extent that he was acquitted of intentional assault (see, Penal Law § 120.05), but convicted of possession of a dangerous instrument with intent to use it unlawfully (see, Penal Law § 265.01) has not been preserved for appellate review (see, People v Alfaro, 66 N.Y.2d 985; People v Satloff, 56 N.Y.2d 745).
We have examined the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Bracken, J.P., Lawrence, Spatt and Harwood, JJ., concur.