Summary
In People v. Staunton, 190 A.D.2d 703, 593 N.Y.S.2d 535 (1993), the court in affirming a first degree assault conviction said that the circumstances of that case left no doubt that the victim suffered serious physical injury.
Summary of this case from U.S. v. MuyetOpinion
February 1, 1993
Appeal from the Supreme Court, Queens County (Savarese, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to support a finding that the complainant suffered "serious physical injury" is both unpreserved for appellate review (see, People v Bynum, 70 N.Y.2d 858; People v Blunt, 176 A.D.2d 741) and meritless. The victim was shot at close range and had to undergo surgery for the removal of buckshot. The circumstances of this case leave no doubt that the defendant suffered a "serious physical injury" (see, Penal Law § 10.00; People v Greene, 111 A.D.2d 183).
We have examined the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Rosenblatt, O'Brien and Copertino, JJ., concur.