People v. Gordon

—Judgment, Supreme Court, Bronx County (Lawrence Tonetti, J.), rendered December 5, 1995, convicting defendant, after a jury trial, of two counts of assault in the first degree, and sentencing him to consecutive terms of 2Vs to 7 years, unanimously affirmed.

The court’s instruction that “serious physical injury in this case must be that kind of physical injury which created a substantial risk of death”, to which the People did not object, required the jury to find beyond a reasonable doubt that defendant caused each complainant a physical injury creating a substantial risk of death in order to…