Opinion
February 1, 1996
Appeal from the Supreme Court, Bronx County (Richard Price, J.).
Complainant's testimony, corroborated by two police witnesses, that she sustained a red mark under her eye and suffered permanent hair loss as a result of the incident, and that she temporarily lost consciousness and felt "a lot of pain" in her back for over one week, established a "physical injury" ( People v. Bailey, 178 A.D.2d 846, 848, lv denied 79 N.Y.2d 943).
The court properly declined to submit a charge of petit larceny, as a lesser included offense of robbery in the second degree, since there was no rational view of the evidence which would support a conclusion that he committed the former, but not the latter, crime ( see, People v. Scarborough, 49 N.Y.2d 364, 371).
Defendant's remaining argument is unpreserved for review, and we decline to review it in the interest of justice.
Concur — Sullivan, J.P., Wallach, Rubin and Tom, JJ.