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PEOPLE v. SUDOL

Nos. 8924, 5076/07.

102 A.D.3d 403 (2013)

955 N.Y.S.2d 877

2013 NY Slip Op 5

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD SUDOL, Appellant.

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

Decided January 3, 2013.

On the prior appeal by the People in this case (89 A.D.3d 499 [1st Dept 2011]), this Court determined that the evidence was insufficient to establish that the victim suffered serious physical injury, but we were unable to provide defendant with any remedy given the procedural posture. In view of our prior decision, we review defendant's unpreserved claim in the interest of justice and agree with defendant that the evidence was legally insufficient...

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