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PEOPLE v. KUZ

2007-02009

69 A.D.3d 653 (2010)

891 N.Y.S.2d 294

2010 NY Slip Op 175

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VASITILY KUZ, Appellant.

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

Decided January 5, 2010.

Ordered that the judgment is affirmed.

The defendant contends that, with respect to the count charging assault in the first degree, the Supreme Court's erroneous definition of serious physical injury (see Penal Law § 10.00 [10]; People v Pittman, 33 A.D.3d 1118, 1119-1120 [2006]; cf. CJI2d[NY] Penal Law § 120.10 [1]), deprived him of a fair trial (see CPL 470.15 [6] [a]). We find that the charge...

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