IN OSMOND ELEDA

The court's finding, which rejected appellant's justification defense, was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court's determinations concerning credibility. The evidence clearly disproved appellant' s justification defense beyond a reasonable doubt. The element of serious physical injury was properly established by medical testimony that the victim suffered a pneumothorax which, left untreated, would have created a substantial risk of death (see, People v. Thompson, 224 A.D.2d 646, lv denied 88 N.Y.2d 970).

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