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PEOPLE v. ANDINO

2006-08025.

73 A.D.3d 1195 (2010)

900 N.Y.S.2d 910

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RODOLFO ANDINO, Appellant.

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

Decided May 25, 2010.

Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to support his conviction of assault in the second degree because the People failed to prove beyond a reasonable doubt that the complainant sustained a "physical injury" is unpreserved for appellate review (see CPL 470.05; People v Hawkins, 11 N.Y.3d 484, 492 [2008]). In any event, viewing the evidence...

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