Opinion
1230
May 30, 2002.
Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered June 27, 2000, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 20 years to life, unanimously affirmed.
RONA FEINBERG, for Respondent.
ROBERT VAKSMAN, for Defendant-appellant.
Buckley, J.P., Rosenberger, Lerner, Rubin, Marlow, JJ.
Defendant's challenge to the sufficiency of the evidence supporting the element of physical injury is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that by choking the victim and causing him to lose consciousness, defendant inflicted physical injury (see, Penal Law § 10.00; People v. Bogan, 70 N.Y.2d 860, 862;People v. Delph, 269 A.D.2d 218, lv denied 94 N.Y.2d 947).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.