People v. Pittman

Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered May 7, 1996, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 4 to 8 years, unanimously affirmed.

Defendant’s challenge to the sufficiency of the evidence supporting the element of serious physical injury (Penal Law § 10.00 [10]) is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that evidence that the complainant sustained a 4 to 5 inch “incomplete fracture” to…