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PEOPLE v. ROSARIO

292 A.D.2d 324 (2002)

740 N.Y.S.2d 23

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINICIO ROSARIO, Appellant.

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

Decided March 28, 2002.

Defendant's challenge to the sufficiency of the evidence disproving his justification defense is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the People disproved that defense beyond a reasonable doubt since there was adequate proof to establish that defendant and his opponent had tacitly agreed to engage in a gun battle, placing the life of innocent bystanders...

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