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PEOPLE v. MISLA

60 A.D.3d 971 (2009)

874 N.Y.S.2d 822

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW MISLA, Appellant.

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

Decided March 24, 2009.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620 [1983]), we find that it was legally sufficient to establish the defendant's guilt of assault in the second degree beyond a reasonable doubt (see Penal Law § 120.05 [3]). The evidence demonstrated that, as a result of the defendant...

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