PEOPLE v. OGLESBY (2005)

Appeal by the defendant from a judgment of the County Court, Rockland County (Resnik, J.), rendered October 9, 2003, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that the evidence was legally insufficient to establish beyond a reasonable doubt that he used a dangerous instrument to injure the complainant.   This contention is unpreserved for appellate review (see CPL 470.05[2];  People v. Hines, 97 N.Y.2d 56, 61, 736 N.Y.S.2d 643, 762 N.E.2d 329;  People v. Gray, 86 N.Y.2d 10, 20-21, 629 N.Y.S.2d 173, 652 N.E.2d 919).   In any event, 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 beyond a reasonable doubt (see People v. See, 2 A.D.3d 544, 767 N.Y.S.2d 879;  People v. Wade, 274 A.D.2d 438, 710 N.Y.S.2d 626;  People v. Goode, 216 A.D.2d 579, 628 N.Y.S.2d 575).   The complainant sustained a 13-centimeter laceration on his face as the result of a punch inflicted by the defendant.   The complainant observed a chain with a medallion hanging from the defendant's wrist as the defendant threw the punch.   The testimony of eyewitnesses, expert medical testimony, and the nature of the wound supported the trial court's finding that the defendant struck the complainant with the medallion.   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[5];  People v. Gaimari, 176 N.Y. 84, 68 N.E. 112;  People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672;  People v. Bigelow, 106 A.D.2d 448, 482 N.Y.S.2d 541;  People v. Mallory, 191 A.D.2d 970, 595 N.Y.S.2d 266).