People v. Brown

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered May 6, 2010, convicting him of assault in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s sole contention on this appeal is that the evidence was legally insufficient to support the finding that the complainant suffered “physical injury,” an element of the crime of assault in the second degree (Penal Law § 120.05 [2]). The necessary element of “ ‘[p]hysical injury’ ” is…