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PEOPLE v. GUILLEN

65 A.D.3d 977 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MANUEL GUILLEN, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 29, 2009.

Defendant's claim that the evidence was legally insufficient to establish the element of serious physical injury (Penal Law § 10.00[10]) is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find the verdict was based on legally sufficient evidence. We also find it was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). The evidence supports...

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