Opinion
March 20, 1989
Appeal from the Supreme Court, Kings County (Miller, J.).
Ordered that the judgment is affirmed.
The defendant's principal contention is that the prosecution failed to prove that the victim sustained serious physical injury within the meaning of Penal Law § 10.00 (10); § 120.10. The defendant failed to make this argument at the time he made his motion to dismiss at the close of the People's case. Therefore, this issue has not been properly preserved for review as a matter of law (see, People v. Cardona, 136 A.D.2d 556) and we decline to review it in the exercise of our interest of justice jurisdiction.
Also unpreserved for appellate review is the defendant's claim that the verdict sheets submitted to the jury were improper, since he failed to object to their submission (see, CPL 470.05; People v. Rodriguez, 144 A.D.2d 598; People v. Decambre, 143 A.D.2d 927; People v. Battles, 141 A.D.2d 748; People v. Williams, 138 A.D.2d 430; cf., People v. Nimmons, 72 N.Y.2d 830; People v Testaverde, 143 A.D.2d 208). Eiber, J.P., Kooper, Sullivan and Harwood, JJ., concur.