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THE PEOPLE &C., RESPONDENT, v. MARTIN ASKERNEESE, APPELLANT.

93 N.Y.2d 884, 710 N.E.2d 1078, 688 N.Y.S.2d 479 (1999).
April 6, 1999

1 No. 136 SSM 4

[99 NY Int. 0049]
Decided April 6, 1999


This opinion is uncorrected and subject to revision before publication in the New York Reports.

Submitted by David J. Klem, for appellant.
Submitted by Ellen Sue Handman, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed. Defendant appeals from a conviction of assault in the first degree, arguing that the evidence adduced at trial was insufficient to support the predicate "serious physical injury"standard required under Penal Law 120.10(1). When viewed in the light most favorable to the prosecution, however ( see, People v Contes, 60 NY2d 620, 621), the evidence in this case was sufficient to allow a rational trier of fact to find beyond a reasonable doubt that complainant suffered a "serious physical injury." Thus, legally sufficient evidence supported defendant's conviction of first degree assault.

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On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Decided April 6, 1999