Opinion
February 22, 1993
Appeal from the Supreme Court, Kings County (Douglass, J.).
Ordered that the judgment is modified, on the law, by reducing the sentence imposed on the conviction of criminal possession of a weapon in the fourth degree from one year imprisonment to six months imprisonment; as so modified, the judgment is affirmed.
The defendant's contention that the evidence adduced at trial was legally insufficient to support his conviction of assault in the first degree is not preserved for appellate review (see, CPL 470.05; People v Udzinski, 146 A.D.2d 245). In any event, upon viewing the evidence in a light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see, People v Allen, 165 A.D.2d 786). The evidence presented at trial established that the defendant slashed the victim's face with a razor, leaving the victim with a permanent three-inch scar on the right side of her face from the right temple to the base of her chin (see, Penal Law § 120.10). 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 (CPL 470.15).
We find that the sentence imposed on the conviction of assault in the first degree was neither unduly harsh nor excessive (see, People v Suitte, 90 A.D.2d 80). However, as conceded by the People, the sentence imposed on the conviction of criminal possession of a weapon in the fourth degree must be reduced to six months (see, People v Rolling, 176 A.D.2d 973). Mangano, P.J., Sullivan, Balletta and O'Brien, JJ., concur.