Defendant argues that the evidence was insufficient to sustain a finding that he intentionally caused the victim's injuries, since he was acquitted of first and second degree assault and there was no proof of intent to injure apart from that offered to support those counts. By failing to raise what the People aptly describe as "a masked repugnancy argument" prior to the jury's discharge, defendant has failed to preserve this claim as a matter of law (People v Alfaro
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PEOPLE v. RODRIGUEZ
179 A.D.2d 554 (1992)
The People of the State of New York, Respondent, v. Ariel Rodriguez, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
January 28, 1992
January 28, 1992
Appellate Division of the Supreme Court of the State of New York, First Department.
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