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PEOPLE v. WIGGS

2013-08055

130 A.D.3d 659 (2015)

14 N.Y.S.3d 53

2015 NY Slip Op 05707

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IQUAN WIGGS, Appellant.

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

Decided July 1, 2015.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant's contention that the evidence was legally insufficient to support his conviction of robbery in the second degree and menacing in the third degree because the prosecution failed to establish his identity as the perpetrator of those crimes is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 N.Y.3d 484

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