PEOPLE v. RAMOS


302 A.D.2d 612 (2003)

755 N.Y.S.2d 309

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR RAMOS, Appellant.

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

Decided February 24, 2003.


Ordered that the judgment is affirmed.

The defendant's contention that the verdict of guilt of assault in the second degree under Penal Law § 120.05 (2) (intent to cause physical injury) is inconsistent with the verdict of guilt of assault in the third degree under Penal Law § 120.00 (2) (recklessly causing physical injury) is unpreserved for appellate review since the defendant failed to raise it prior to the discharge of the jury, and we decline to consider...

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