Opinion
June 26, 1995
Appeal from the Supreme Court, Queens County (Hanophy, J.).
Ordered that the judgment is affirmed.
The defendant has failed to preserve for appellate review her current challenge to the legal sufficiency of the evidence underlying her assault convictions (see, People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245). 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 that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The evidence presented by the People, including the complainant's testimony and the proof regarding the nature and location of the complainant's injuries, sufficed to establish that the defendant utilized a dangerous instrument (see, People v. Gittens, 139 A.D.2d 591) to intentionally cause serious physical injury and serious and permanent disfigurement to the complainant (see, People v. Cole, 188 A.D.2d 482; People v. Wade, 187 A.D.2d 687).
Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
The defendant's contentions regarding the alleged introduction of an inculpatory statement without prior notice pursuant to CPL 710.30 and the failure of the court to sentence her as a youthful offender are not properly before us on this appeal (see, CPL 470.05; People v. McGowen, 42 N.Y.2d 905) and, in any event, are without merit.
Finally, the defendant's sentence is neither unduly harsh nor excessive under the circumstances of this case (see, People v Suitte, 90 A.D.2d 80). Sullivan, J.P., Pizzuto, Santucci and Goldstein, JJ., concur.