Opinion
Argued January 25, 2000
March 9, 2000
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flug, J.), rendered April 14, 1997, convicting him of assault in the third degree (two counts) and criminal trespass in the third degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Todd A. Landau of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Alyson J. Gill, and Sandra Burgos of counsel), for respondent.
DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish that the complainant Manuel Tejeda suffered physical injury as defined by Penal Law § 10.00(9) is unpreserved for appellate review (see, CPL 470.05(2); People v. Gray, 86 N.Y.2d 10 ). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620 ), we find the evidence was legally sufficient to establish the defendant's guilt of assault in the third degree beyond a reasonable doubt (see, People v. Morales, 245 A.D.2d 467 ; People v. Harvey, 175 A.D.2d 138 ). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt as to that count was not against the weight of the evidence (see, CPL 470.15[5]).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.
RITTER, J.P., ALTMAN, KRAUSMAN, and McGINITY, JJ., concur.