It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Following a jury trial, defendant was convicted of assault in the first degree (Penal Law § 120.10 [1]) for slitting the victim's throat with a knife. The sole issue at trial was the identification of defendant as the perpetrator of the crime. Contrary to defendant's contention, the verdict is not against the weight of the evidence (
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