People v. DeSantis

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Griffin, J.), rendered February 14, 2011, convicting him of assault in the second degree and criminal mischief in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his conviction of assault in the second degree should be reversed since the evidence of “[plhysical injury” (Penal Law § 10.00 [9]) was legally insufficient. That contention is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 492 [2008]). In…