Opinion
February 24, 2000
Judgment, Supreme Court, Bronx County (Lawrence Tonetti, J.), rendered July 2, 1997, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of 4 to 8 years, unanimously affirmed.
Adam L. Goldman for the Respondent.
John J. Lee for the Defendant-Appellant.
WILLIAMS, J.P., TOM, SAXE, FRIEDMAN, JJ.
Defendant's claim that the evidence was insufficient to establish that the victim sustained serious physical injury is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find overwhelming evidence of serious physical injury, including evidence of severe, permanent disability and disfigurement. We further find that the verdict was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.