People v. Reed

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered March 29, 1995, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of 2 to 6 years, unanimously affirmed.

Defendant’s claim that the People failed to prove the “serious physical injury” element of first-degree assault (Penal Law § 120.10 [1]) is unpreserved for appellate review as a matter of law, since he failed to raise it before the trial court (CPL 470.05 [2]; People v Gray, 86 NY2d 10, 20), and neither his arguments to the jury nor his requests to charge…