Opinion
May 11, 1995
Appeal from the Supreme Court, Bronx County (John Collins, J.).
Defendant's claim regarding the court's submission of the lesser included charge of assault in the second degree is unpreserved for review (People v Sater, 201 A.D.2d 323, lv denied 83 N.Y.2d 858), and we decline to review it in the interest of justice. If we were to review it, we would find that even if, as defendant contends, the victim's injuries constitute "serious physical injury" (Penal Law § 120.05), the court did not err in submitting the charge since it is reasonably possible that the jury could have found that defendant did not intend to cause "serious physical injury" when he struck the victim with his car, after missing his intended target (People v Hall, 56 N.Y.2d 547).
Defendant's argument regarding an erroneous reasonable doubt charge which the trial court gave to the jury during its Allen charge (People v Antommarchi, 80 N.Y.2d 247, 251-252) is similarly unpreserved (People v Dixon, 211 A.D.2d 455, 456), as is his purported Rosario claim regarding the court's failure to allow him to review documents used by the officer to refresh his recollection (People v Torres, 213 A.D.2d 359, 360), and we decline to reach these issues in the interest of justice.
We have considered defendant's remaining claim and find it to be without merit.
Concur — Ross, J.P., Nardelli, Williams, Tom and Mazzarelli, JJ.