PEOPLE v. RODRIGUEZ

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility ( see People v. Gaimari, 176 N.Y. 84, 94). The credible evidence disproved defendant's justification defense beyond a reasonable doubt. The element of serious physical injury (Penal Law § 10.00) was established by evidence that the victim suffered a severe and potentially life-threatening stab wound to his chest that penetrated the muscle and caused blood to accumulate between his chest wall and lung, which had to be drained. He was kept in the hospital for observation for three days, and has two permanent scars on his chest ( see People v. House, 278 A.D.2d 244, lv denied 96 N.Y.2d 784; People v. Gordon, 257 A.D.2d 533, lv denied 93 N.Y.2d 899).

Defendant's remaining contention is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find no basis for reversal.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.