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PEOPLE v. GRIFFIN

2009-07166.

81 A.D.3d 743 (2011)

916 N.Y.S.2d 201

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAHIEM GRIFFIN, Appellant.

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

Decided February 8, 2011.

Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt of assault in the second degree (see Penal Law § 120.05 [4]) is unpreserved for appellate review, except to the extent the defendant contends that the People failed to present any evidence of reckless conduct (see CPL 470.05 [2]; People v Hawkins, 

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