PEOPLE v. BROADWATER

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of robbery in the second degree (Penal Law § 160.10[a]). We reject defendant's contention that the evidence is legally insufficient to establish that the victim sustained a physical injury within the meaning of Penal Law § 10.00(9). The victim sustained a one-inch laceration to his wrist that required medical attention and a jammed thumb that swelled and "hurt like hell" for several days, impeding his work ( see, People v. Sekoll, 254 A.D.2d 797). We further conclude that the verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). Defendant's contention that County Court erred in failing to give an adverse inference instruction is not preserved for our review ( see, CPL 470.05), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15[a]).

Present — Pine, J. P., Hayes, Wisner, Hurlbutt and Scudder, JJ.