Opinion
December 14, 1992
Appeal from the Supreme Court, Kings County (Owens, J.).
Ordered that the order is affirmed insofar as appealed from.
The evidence adduced at trial was legally insufficient to establish that the serious physical injuries suffered by Vidal Rodriguez were caused "[i]n the course of and in furtherance of the commission or attempted commission" (Penal Law § 120.10) of the predicate felony of falsifying business records in the first degree. Accordingly, the Supreme Court properly dismissed the convictions of the respondents William Pymm and Edward Pymm for the crime of assault in the first degree under the third count of the indictment (see, Penal Law § 120.10; CPL 330.30). Mangano, P.J., Sullivan, Balletta and Miller, JJ., concur.