PEOPLE v. CRUZ

Ordered that the judgment is affirmed.

The defendant's contention that the evidence is legally insufficient to support her conviction is unpreserved for appellate review ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245, 250-252). In any event, viewing the evidence in the light most favorable to the People ( see, People v. Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant intended to cause physical injury to the victim when she threw scalding water upon her after an argument ( see, Penal Law § 120.05). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15; People v. Gaimari, 176 N.Y. 84, 94; People v. Livingston, 184 A.D.2d 529, 530).

Mangano, P. J., Sullivan, Florio and McGinity, JJ., concur.