PEOPLE v. GREEN


298 A.D.2d 209 (2002)

748 N.Y.S.2d 146

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK GREEN, Appellant.

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

Decided October 15, 2002.


Defendant's challenge to his assault conviction is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that it was based on legally sufficient evidence. Furthermore, we find that it was not against the weight of the evidence. The jury could have reasonably concluded from the circumstances of the assault that defendant's act of banging the victim's head against the floor...

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