People v. Kenney

291 A.D.2d 331, 737 N.Y.S.2d 856, 2002 N.Y. App. Div. LEXIS 2042

Opinion

—Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered April 15, 1999, convicting defendant, after a jury trial, of assault in the first and second degrees, and sentencing her to concurrent terms of 4 to 8 years and 3V2 to 7 years, respectively, unanimously affirmed.

Defendant’s claim that the evidence was insufficient to show that the complainant suffered a serious and permanent disfigurement, as required by Penal Law § 120.10 (2) is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find the evidence to be legally sufficient (see, People v Jackson, 267 AD2d 183, lv denied 94 NY2d 949; People v Askerneese, 256 AD2d 34, affd 93 NY2d 884). The victim received a permanent, visible scar around her eye which she chose to cover with makeup.

We perceive no basis for a reduction of sentence. Concur— Tom, J.P., Mazzarelli, Rosenberger, Ellerin and Rubin, JJ.