Opinion
1403
June 12, 2003.
Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered December 19, 2000, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of 12 years with 5 years post-release supervision, unanimously affirmed.
Lynetta M. St. Clair, for respondent.
Lisa Joy Robertson, for defendant-appellant.
Before: Rosenberger, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ.
Since defendant failed to make his position sufficiently clear during the colloquy following the court's charge, his claim that the charge effectively informed the jury that the element of serious physical injury had been established is unpreserved (see People v. Lopez, 185 A.D.2d 189, 191, lv denied 80 N.Y.2d 975), and we decline to review it in the interest of justice.
Defendant's challenge to the court's instruction on excessive force is also unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the instruction conveyed the proper standards.
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.