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PEOPLE v. ROSS

7066. 3173/14.

163 A.D.3d 428 (2018)

80 N.Y.S.3d 258

2018 NY Slip Op 04971

The People of the State of New York, Respondent, v. Michael Ross, Appellant.

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

Decided July 5, 2018.

Defendant's argument that the assault count was not supported by legally sufficient evidence of physical injury is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We similarly find that the verdict was not against the weight of the evidence in this regard (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). There is no basis for disturbing the court's credibility...

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