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PEOPLE v. DARYL H.

No. 154.

21 N.Y.3d 708 (2013)

2013 NY Slip Op 6601

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARYL H., Appellant.

Court of Appeals of New York.

Decided October 10, 2013.

Attorney(s) appearing for the Case

Barbara J. Davies , Chief Attorney, The Legal Aid Bureau of Buffalo, Inc., Buffalo ( Kristin M. Preve and David C. Schopp of counsel), for appellant.

Frank A. Sedita,, III , District Attorney, Buffalo ( Matthew B. Powers and Donna A. Milling of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and ABDUS-SALAAM concur.

OPINION OF THE COURT

RIVERA, J.

Defendant Daryl H. contests his conviction for assault in the first and second degrees, based on allegedly improper evidentiary trial rulings. The Appellate Division modified, vacating the second degree assault conviction on other grounds, and, as modified, affirmed (96 A.D.3d 1482 [2012]). We now affirm the order of the Appellate Division.

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