Defendant's challenges to the court's charge and the prosecutor's summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the court properly instructed the jury on all the elements of second-degree assault under Penal Law § 120.05 (3), and that the challenged summation remark was a permissible comment on the fact that the defense case did not include testimony from defendant's brother (
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PEOPLE v. DUKURAY
41 A.D.3d 141 (2007)
835 N.Y.S.2d 898
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAHMADOU DUKURAY, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided June 7, 2007.
Decided June 7, 2007.
Appellate Division of the Supreme Court of the State of New York, First Department.
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