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PEOPLE v. MARTIN

48 A.D.3d 701 (2008)

850 N.Y.S.2d 908

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD MARTIN, Appellant.

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

Decided February 19, 2008.

Ordered that the judgment is affirmed.

The defendant's contentions that the evidence presented was legally insufficient to disprove the defense of justification and establish that one of the victims suffered a physical injury within the meaning of Penal Law § 10.00 (9) are unpreserved for appellate review (see People v Finger, 95 N.Y.2d 894, 895 [2000]; People v Alston, 42 A.D.3d 468

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