Appeal from a judgment of the District Court of Nassau County, First District (Norman St. George, J.), rendered August 1, 2005. The judgment convicted defendant, upon a jury verdict, of assault in the third degree.

Judgment of conviction affirmed.

Defendant was convicted upon a jury verdict of assault in the third degree (Penal Law § 120.00 [2]) by recklessly causing physical injury to another person. Viewing the evidence in a light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), we determine that it was legally sufficient to establish all of the elements of the offense beyond a reasonable doubt (see Penal Law § 15.05 [3]; § 120.00 [2]). With regard to defendant's contention herein that the victim did not sustain a physical injury within the meaning of Penal Law § 10.00 (9), we note that he failed to preserve said contention for appellate review and that, in any event, it is without merit (see People v Naylor, 120 AD2d 940 [1986] [two-inch laceration on forehead constituted a physical injury]).

We are also satisfied, upon the exercise of our factual review power (see CPL 470.15 [5]), that the jury's guilty verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342 [2007]).

McCabe, J.P., Tanenbaum and Molia, JJ., concur.
Decision Date: March 21, 2008