PEOPLE v. WILLIAMS (2008)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reichbach, J.), rendered September 13, 2006, convicting him of robbery in the first degree (two counts) and assault in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant's contention that the complainant did not sustain a “physical injury” within the meaning of Penal Law § 10.00(9) was not raised at trial and, accordingly, is unpreserved for appellate review (see CPL 470.05 [2];  People v. Gray, 86 N.Y.2d 10, 629 N.Y.S.2d 173, 652 N.E.2d 919;  People v. Garcia, 9 A.D.3d 470, 471, 779 N.Y.S.2d 914).   In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish, beyond a reasonable doubt, that the complainant sustained a “physical injury” within the meaning of Penal Law § 10.00(9) (see People v. Chiddick, 8 N.Y.3d 445, 834 N.Y.S.2d 710, 866 N.E.2d 1039;  People v. Harvey, 309 A.D.2d 713, 766 N.Y.S.2d 194;  cf. Matter of Philip A., 49 N.Y.2d 198, 200, 424 N.Y.S.2d 418, 400 N.E.2d 358;  Matter of Ashley M., 35 A.D.3d 612, 613, 825 N.Y.S.2d 748).

 Moreover, the defendant's contention that certain comments made by the prosecutor during summation were improper is unpreserved for appellate review, since the defendant failed to object or raised only a general objection to the remarks (see CPL 470.05[2];  People v. Tonge, 93 N.Y.2d 838, 839-840, 688 N.Y.S.2d 88, 710 N.E.2d 653;  People v. Almonte, 23 A.D.3d 392, 394, 806 N.Y.S.2d 95;  People v. Martinez, 17 A.D.3d 484, 485, 792 N.Y.S.2d 349).   In any event, the challenged remarks were a permissible response to the defense counsel's summation (see People v. Carter, 36 A.D.3d 624, 831 N.Y.S.2d 87;   People v. Martinez, 17 A.D.3d 484, 792 N.Y.S.2d 349;  People v. Duplessis, 16 A.D.3d 846, 791 N.Y.S.2d 214;  People v. Keller, 238 A.D.2d 758, 656 N.Y.S.2d 484;  People v. Colonna, 135 A.D.2d 724, 522 N.Y.S.2d 625).

The defendant's remaining contention is without merit.