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PEOPLE v. BOYLE

289 A.D.2d 251 (2001)

734 N.Y.S.2d 480

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH BOYLE, Appellant.

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

Decided December 3, 2001.

Ordered that the judgment is affirmed.

The defendant's contention that the People failed to disprove his defense of justification beyond a reasonable doubt is unpreserved for appellate review, since he never moved in the trial court for dismissal on that ground (see, CPL 470.05 [2]; People v Gray, 86 N.Y.2d 10; People v Clinton, 268 A.D.2d 531

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