Opinion
March 14, 1994
Appeal from the County Court, Suffolk County (Weissman, J.).
Ordered that the judgment is affirmed.
The defendant's claim that the evidence of physical injury was insufficient to support the conviction for assault in the third degree is unpreserved for appellate review as the defendant never specifically raised this issue at trial (see, CPL 470.05; People v. Balls, 69 N.Y.2d 641; People v. Reilly, 47 N.Y.2d 860, 861; People v. Vega, 183 A.D.2d 864, 865). In any event, viewed in a light most favorable to the prosecution, we are satisfied that the evidence of "substantial pain" necessary to establish physical injury within the meaning of Penal Law § 10.00 (9) was legally sufficient to support the conviction for assault in the third degree. The victim testified that the defendant, during a confrontation, slapped her head and face with the back of his hand seven or eight times, pushed her head against a wall, and caused her head to hit a door. The incident resulted in a bruised or blackened eye, red marks on her neck, a swollen face, and a "constant headache". Following the incident the victim sought treatment at Southampton Hospital. Based on these facts, the determination of the jury should not be disturbed (see, Matter of Ramon M., 109 A.D.2d 882; Matter of Isaac W., 89 A.D.2d 831; see also, People v. Brooks, 155 A.D.2d 680, 681; People v Harper, 145 A.D.2d 933, affd 75 N.Y.2d 313).
The defendant's challenge to the racial composition of the jury panel was waived by his failure to advance that challenge in writing to the trial court prior to the selection of the jury (see, CPL 270.10; People v. Parks, 41 N.Y.2d 36, 41; People v. Consolazio, 40 N.Y.2d 446, 455, cert denied 433 U.S. 914). Further, the defendant did not sufficiently specify the facts constituting the ground of his challenge as required by CPL 270.10 (2) (see, People v. Mitchell, 155 A.D.2d 695; People v Haye, 154 A.D.2d 392). Rosenblatt, J.P., Ritter, Pizzuto and Altman, JJ., concur.