People v. Kim

Legally sufficient proof of "physical injury” (Penal Law § 10.00 [9]) was adduced by the victim’s testimony that, as a result of the incident, he sustained scrapes to his hip, knee, hand, and arm, throbbing pain in his head and neck, pain in his foot, dizziness, rise in blood pressure and continued to have pain in his hip, leg and knee for two or three days (see, People v DeChamps, 219 AD2d 485, lv denied 86 NY2d 841). Defendant’s claim that the prosecutor improperly used three hypotheticals in summation is unpreserved as a matter of law, since defendant did not object to two of the…