The People of the State of New York, Respondent, v. Vasitily Kuz, Appellant

The defendant contends that, with respect to the count charging assault in the first degree, the Supreme Court’s erroneous definition of serious physical injury (see Penal Law § 10.00 [10]; People v Pittman, 33 AD3d 1118, 1119-1120 [2006]; cf. CJI2d[NY] Penal Law § 120.10 [1]), deprived him of a fair trial (see CPL 470.15 [6] [a]). We find that the charge did not deprive the defendant of a fair trial, and we decline to disturb the conviction in the exercise of our interest of justice jurisdiction (see CPL 470.15 [3] [c]; People v Malloy, 177 AD2d 511, 512 [1991]). Fisher, J.E, Angiolillo, Dickerson and Leventhal, JJ., concur. .