People v. Whited

Appeal from a judgment of the Supreme Court, Monroe County (Thomas M. Van Strydonck, J.), rendered May 5, 2007. *1629The judgment convicted defendant, upon a jury verdict, of assault in the first degree and assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him following a jury trial of assault in the first degree (Penal Law § 120.10 [1]) and assault in the second degree (§ 120.05 [1]), defendant contends that the victim did not sustain a serious physical injury within the meaning of Penal…