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PEOPLE v. RIVERA

300 A.D.2d 168 (2002)

751 N.Y.S.2d 731

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE RIVERA, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 19, 2002.

The verdict convicting defendant of assault in the first degree was based on legally sufficient evidence. The element of serious physical injury was clearly established by the evidence, including expert testimony that the victim suffered a subdural hematoma whose attendant consequences posed a substantial risk of death (see Penal Law § 10.00 [10]; People v Perron, 172 A.D.2d 879

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