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PEOPLE v. COREA

25 A.D.3d 563 (2006)

808 N.Y.S.2d 719

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE COREA, Appellant.

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

January 10, 2006.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the conviction of assault in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The defendant's contention that the People failed to adduce legally sufficient evidence of his guilt beyond a reasonable doubt is unpreserved for...

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