Opinion
March 8, 1993
Appeal from the Supreme Court, Richmond County (Kuffner, J.).
Ordered that the judgment is affirmed.
The defendant's claim that the evidence adduced by the People was legally insufficient to establish the "physical injury" element of the crime of assault in the second degree in relation to the gunshot wound to the complainant's leg is unpreserved for appellate review (see, People v. Bynum, 70 N.Y.2d 858; People v Udzinski, 146 A.D.2d 245, 250). In any event, the evidence was legally sufficient to support the defendant's conviction beyond a reasonable doubt.
Contrary to the defendant's contention, we find that the court properly exercised its discretion in admitting into evidence the .22 caliber bullet discovered on his person at the time of his arrest.
Moreover, we find no merit in the defendant's contention that the court's identification charge expressed a bias toward the prosecution. Thompson, J.P., Sullivan, Miller and Santucci, JJ., concur.