People v. Kelly

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered May 5, 2010, convicting him of assault in the second degree, assault in the third degree, and petit larceny, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s argument with respect to the legal sufficiency of the evidence establishing that he used a “dangerous *880instrument” to injure the complainant as required to support his conviction of assault in the second degree (Penal Law § 120.05 [4]) is unpreserved for appellate review (see CPL 470.05 [2];…