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The People of the State of New York, Respondent, v. Gregory Reilly, Appellant

New York Supreme Court, Appellate Division2002-03-04
292 A.D.2d 399738 N.Y.S.2d 593

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Opinion

majority opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered May 20, 1999, convicting him of assault in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to support the defendant’s conviction of assault in the second degree. The People proved that the complainant lost consciousness and sustained a brain contusion, broken nose, concussion, and several facial lacerations, including one which required sutures and would leave a permanent scar. Upon admission to the hospital the complainant’s condition was considered to be “life threatening.” Accordingly, there was sufficient evidence that the defendant caused serious physical injury (see, People v Briggs, 285 AD2d 514, lv denied 97 NY2d 679; People v Bailey, 275 AD2d 663; People v Martinez, 257 AD2d 667).

The defendant’s remaining contention is without merit. Gold-stein, J.P., Friedmann, McGinity and H. Miller, JJ., concur.