Defendant and others robbed the victim in his apartment and burglarized the contents of the apartment; the victim recognized the defendant from the building. The defendant hit the victim on the head with a beer bottle, which drew blood and caused physical pain to the victim for several days, and, while displaying a knife, kicked him in the back, knocking the victim to the ground, which caused additional pain. As a result of such pain, the victim was forced to miss three days of work. The evidence of physical injury was legally sufficient (People v. Usman, 181 A.D.2d 628, lv denied 79 N.Y.2d 1055; People v. Gerino, 157 A.D.2d 570).
By failing to challenge the "no adverse inference" instruction provided at defendant's request pursuant to CPL 300.10 (2), either on statutory (People v. Autry, 75 N.Y.2d 836) or constitutional (People v. Iannelli, 69 N.Y.2d 684, cert denied 482 U.S. 914) grounds, defendant has failed to preserve any of his present claims. Since the instruction conveyed the appropriate principles of law (People v. Nunez, 182 A.D.2d 527, lv denied 80 N.Y.2d 836), we decline to review in the interest of justice.
Concur — Sullivan, J.P., Carro, Ellerin, Kupferman and Asch, JJ.