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PEOPLE v. SILVA

273 A.D.2d 417 (2000)

709 N.Y.S.2d 612

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUBEN SILVA, Appellant.

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

Decided June 19, 2000.

Ordered that the judgment is modified, on the law, by reducing the defendant's conviction of assault in the second degree to assault in the third degree; as so modified, the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly denied his challenge for cause of a prospective juror. Unlike People v Johnson (94 N.Y.2d 600), the record in this case does not support a finding that the prospective...

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