Appellate Division of the Supreme Court of the State of New York March 22, 2011 (People v. Zalevsky)

The defendant contends that the evidence of “physical injury,” an element of the crime of assault in the second degree (see Penal Law § 120.05 [3]), was legally insufficient. Contrary *1137to the People’s contention, the defendant preserved this issue for appellate review by raising it in his written pro se motion submitted at the close of the People’s case (see CPL 470.