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PEOPLE v. HERNANDEZ

39 A.D.3d 283 (2007)

832 N.Y.S.2d 205

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO HERNANDEZ, Appellant.

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

Decided April 10, 2007.

Defendant's general motion for a trial order of dismissal failed to preserve the legal sufficiency claims he asserts on appeal, and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. The evidence satisfied the elements of second-degree assault under a theory of intent to prevent a police officer from performing a lawful duty (Penal Law § 120.05 [3]). The officer was performing...

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