Lynn W.L. Fahey, New York, N.Y. (Arnold & Porter, LLP [Lucy S. McMillan], of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, Brooke E. Barnes, and Nancy Fitzpatrick Talcott of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Braun, J.), rendered October 18, 2011, convicting him of assault in the first degree, assault in the second degree (two counts), and criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt of assault in the first degree and assault in the second degree beyond a reasonable doubt ( see Penal Law §§ 120.05[1]; 120.10[1]; People v. Crawford, 200 A.D.2d 683, 607 N.Y.S.2d 48;Matter of Patrick W., 166 A.D.2d 652, 653, 561 N.Y.S.2d 78). Moreover, upon our independent review of the evidence pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt on those counts was not against the weight of the evidence ( see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902;People v. Seymore, 106 A.D.3d 1033, 964 N.Y.S.2d 668). The evidence of the complainant's laceration, internal bleeding discovered upon exploratory surgery, treatment in the intensive care unit, and permanent scarring, as well as the complainant's trial testimony about his persistent pain, were sufficient to establish that he sustained “serious physical injury” (Penal Law §§ 10.00[10]; 120.05[1]; 120.10[1] ).
RIVERA, J.P., HALL, SGROI and MALTESE, JJ., concur.