PEOPLE v. HOLMES


213 A.D.2d 673 (1995)

624 N.Y.S.2d 205

The People of the State of New York, Respondent, v. Kevin Holmes, Appellant

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

March 27, 1995


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant's contention that the prosecutor failed to prove that he used a dangerous object is unpreserved for appellate review (CPL 470.05 [2]; People v Johnson, 169 A.D.2d 779; People v Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the prosecution (

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