PEOPLE v. VASQUEZ

2012-04376, Ind. No. 2228/10.

134 A.D.3d 744 (2015)

19 N.Y.S.3d 771

2015 NY Slip Op 08864

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. EDDIE VASQUEZ, Respondent.

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

Decided December 2, 2015.


Ordered that the order is affirmed.

Contrary to the People's contention, the defendant adequately asserted in his motion for a trial order of dismissal the ground that the evidence was not sufficient to establish that the two victims were seriously disfigured within the meaning of Penal Law § 120.10 (2). Accordingly, that issue presented a question of law when the defendant later raised it in his motion to set aside the verdict pursuant to CPL 330.30 (1) (

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