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PEOPLE v. RICHARDSON

215 A.D.2d 222 (1995)

626 N.Y.S.2d 480

The People of the State of New York, Respondent, v. Eugene Richardson, Appellant

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

May 11, 1995

Defendant's claim regarding the court's submission of the lesser included charge of assault in the second degree is unpreserved for review (People v Sater, 201 A.D.2d 323, lv denied 83 N.Y.2d 858), and we decline to review it in the interest of justice. If we were to review it, we would find that even if, as defendant contends, the victim's injuries constitute "serious physical injury...

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