Defendant failed to preserve his claim that the evidence presented at trial was legally insufficient to prove beyond a reasonable doubt that the victim suffered serious physical injury, and we decline to review it in the interest of justice. Were we to review this claim, we would find that there was overwhelming evidence to support the jury's determination that the victim suffered protracted impairment of health as a result of the robbery (see, People v Virgo
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PEOPLE v. DIAZ
254 A.D.2d 36 (1998)
680 N.Y.S.2d 85
The People of the State of New York, Respondent, v. Jose Diaz, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
October 6, 1998
October 6, 1998
Appellate Division of the Supreme Court of the State of New York, First Department.
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