Opinion
April 8, 1991
Appeal from the Supreme Court, Kings County (Fisher, J.).
Ordered that the judgment is affirmed.
The defendant contends on appeal that the evidence adduced at trial was insufficient to establish that the complainant sustained a physical injury within the meaning of Penal Law § 10.00 (9). Since the defendant did not make his motion to dismiss at trial on the specific ground that there was insufficient evidence to prove physical injury, the defendant's claim is unpreserved for appellate review (see, People v. Osuna, 65 N.Y.2d 822, 824; People v. Cona, 49 N.Y.2d 26, 33, n 2). In any event, the claim is without merit (see, People v. Bogan, 70 N.Y.2d 860).
Under the circumstances of this case, the sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
We have considered the defendant's remaining contention and find that it is without merit (see, People v. Nimmons, 72 N.Y.2d 830; People v. Lugo, 150 A.D.2d 502). Brown, J.P., Kooper, Harwood and Miller, JJ., concur.