The verdict convicting defendant of assault in the first degree was based on legally sufficient evidence. The element of serious physical injury was clearly established by the evidence, including expert testimony that the victim suffered a subdural hematoma whose attendant consequences posed a substantial risk of death (see Penal Law § 10.00; People v. Perron, 172 A.D.2d 879, lv denied 77 N.Y.2d 999).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.