| People v Witt |
| 2008 NY Slip Op 08984 [56 AD3d 324] |
| November 18, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Thomas Witt, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Jared Wolkowitz of counsel), forrespondent.
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered September 20,2006, convicting defendant, after a jury trial, of assault in the second degree, and sentencing himto a term of seven years, unanimously affirmed.
Defendant's argument that the People failed to prove the element of physical injury isunpreserved and we decline to review it in the interest of justice. As an alternative holding, wefind that the verdict was based on legally sufficient evidence. Furthermore, the verdict was notagainst the weight of the evidence (seePeople v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing thejury's determinations concerning credibility. Physical injury may be established through avictim's uncorroborated testimony (see People v Guidice, 83 NY2d 630, 636 [1994]). Thevictim testified that defendant banged her head against a concrete or brick wall, causing a lumpon the back of her head which lasted about two weeks, and for which she sought medicalattention (see People v Chiddick, 8NY3d 445 [2007]; People vStapleton, 33 AD3d 464 [2006], lv denied 7 NY3d 904 [2006]).
We perceive no basis for reducing the sentence. Concur—Saxe, J.P., Nardelli,Moskowitz, Renwick and Freedman, JJ.