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PEOPLE v. FAIRWEATHER

2007-05198

69 A.D.3d 876 (2010)

894 N.Y.S.2d 81

2010 NY Slip Op 534

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLIFTON FAIRWEATHER, Appellant.

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

Decided January 19, 2010.

Ordered that the judgment is reversed, on the law, the facts, and as a matter of discretion in the interest of justice, and the matter is remitted to the Supreme Court, Queens County, for a new trial.

The defendant's contention that the evidence was legally insufficient to support his conviction of assault in the first degree is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 N.Y.3d 484 ...

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