—Judgment unanimously affirmed. Memorandum: The contention that the proof of serious physical injury is insufficient to support defendant’s conviction of assault in the second degree (see, Penal Law § 120.05 [1]) has not been preserved for our review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). The sentence imposed is not unduly harsh or severe. (Appeal from Judgment of Niagara County Court, Hannigan, J.—Assault, 2nd Degree.) Present—Green, J. P., Lawton, Hayes, Callahan and Fallon, JJ.
The People of the State of New York, Respondent, v. Clyde Coleman, Appellant
244 A.D.2d 910668 N.Y.S.2d 129
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