People v. Staunton

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Savarese, J.), rendered May 13, 1991, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to support a finding that the complainant suffered "serious physical injury” is both unpreserved for appellate review (see, People v Bynum, 70 NY2d 858; People v Blunt, 176 AD2d 741) and meritless. The victim was shot at close range and had to undergo surgery for the removal of…