People v Rudenko |
2017 NY Slip Op 05246 [151 AD3d 1084] |
June 28, 2017 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York,
Respondent, v Konstantin Rudenko, Appellant. |
Lynn W. L. Fahey, New York, NY (Nao Terai and Kendra Hutchinson of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Solomon Neubort, and Arieh Schulman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered May 15, 2014, convicting him of assault in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the evidence of serious physical injury adduced at trial was
legally insufficient to support his conviction of assault in the first degree. However, viewing the
evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d
620, 621 [1983]), we find that it was legally sufficient to establish that the complainant sustained
a "serious physical injury" within the meaning of Penal Law § 10.00 (10).
Moreover, upon the exercise of our factual review power (see CPL 470.15 [5]), we are
satisfied that the verdict of guilt on the count of assault in the first degree, including the serious
physical injury element, was not against the weight of the evidence (see People v Romero, 7 NY3d
633, 644-645 [2006]). The medical evidence established that the complainant sustained two
knife wounds, including a deep stab wound to the left anterior chest wall about three inches from
his heart, and developed a hematoma in the muscle of his chest. The stab wound required
stitches, and the complainant was admitted to the hospital for observation. Overnight, the
hematoma expanded in the chest muscle, requiring the complainant to undergo an approximately
1
The defendant's contention that certain remarks made by the prosecutor during summation deprived him of a fair trial is unpreserved for appellate review (see CPL 470.05 [2]; People v Romero, 7 NY3d 911, 912 [2006]). In any event, the challenged remarks were fair comment on the evidence and the reasonable inferences to be drawn therefrom (see People v Guzman, 138 AD3d [*2]1140, 1140 [2016]; People v Ramrattan, 126 AD3d 1013, 1014 [2015]), were fair response to the defense summation (see People v Halm, 81 NY2d 819, 821 [1993]; People v Johnson, 127 AD3d 1234, 1234 [2015]), or do not otherwise require reversal (see People v Galloway, 54 NY2d 396, 399 [1981]; cf. People v Ashwal, 39 NY2d 105, 110-111 [1976]; People v Rivera, 128 AD3d 857, 858 [2015]).
The defendant's remaining contention is unpreserved for appellate review, and, in any event, without merit. Mastro, J.P., Rivera, Roman and Sgroi, JJ., concur.