People v. Askerneese

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Defendant appeals from a conviction of assault in the first degree, arguing that the evidence adduced at trial was insufficient to support the predicate “serious physical injury” standard required under Penal Law § 120.10 (1). When viewed in the light most favorable to the prosecution, however (see, People v Contes, 60 NY2d 620, 621), the evidence in this case was suf ficient to allow a rational trier of fact to find beyond a reasonable doubt that complainant suffered a “serious physical injury.” Thus,…