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PEOPLE v. HARRIS

300 A.D.2d 675 (2002)

752 N.Y.S.2d 701

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS HARRIS, Appellant.

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

Decided December 30, 2002.

Ordered that the judgment is affirmed.

The defendant's contention that the County Court erred in denying his motion to dismiss made at the close of the People's case because the People failed to make a prima facie showing of reckless endangerment in the first degree is unpreserved for appellate review (see People v Hines, 97 N.Y.2d 56). Since the defendant testified after the court denied his motion to dismiss made at the...

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