Appeals by the People from two orders of the same court, both dated July 25, 1991, which, following jury verdicts convicting the defendants of assault in the first degree and unlawful imprisonment in the first degree, modified the verdicts by reducing the defendants’ convictions of assault in the first degree to assault in the second degree. Appeals by the defendants from two judgments of the Supreme Court, Queens County (Fisher, J.), both rendered September 12, 1991, convicting each of them of assault in the second degree and unlawful imprisonment in the first degree, upon jury verdicts as modified by two orders of the same court, both dated July 25, 1991, and imposing sentences.
Ordered that the judgments and orders are affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).
Contrary to the People’s contention, the Supreme Court properly modified the jury verdicts by reducing the defendants’ convictions of assault in the first degree to assault in the second degree. To sustain a conviction of assault in the first degree, Penal Law § 120.10 (1), requires proof beyond a reasonable doubt that the complainant suffered a "serious physical injury”, which is defined by Penal Law § 10.00 (10) as "physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement,
As a result of the defendants’ attack, the complainant suffered two stab wounds which required suturing. The complainant was treated and released from the hospital and was absent from work for the next two weeks. At trial, approximately 18 months after the attack, when asked whether he suffered any physical effects from the injuries which he had sustained, the complainant replied, "It hurts once in a while when the weather changes.” Viewing this evidence in the light most favorable to the People (see, People v Kern,
The defendants’ contentions are either unpreserved for appellate review (see, People v Medina,