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PEOPLE v. FELICE

45 A.D.3d 1442 (2007)

846 N.Y.S.2d 531

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILIP FELICE, Appellant.

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

Decided November 23, 2007.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him, upon a jury verdict, of assault in the first degree (Penal Law § 120.10 [2]) and assault in the second degree (§ 120.05 [1]). Defendant failed to preserve for our review his contention that the conviction of assault in the first degree is not supported by legally sufficient evidence...

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