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PEOPLE v. RAMIREZ

2016-03768. Docket No. 2976/14.

164 A.D.3d 1377 (2018)

83 N.Y.S.3d 666

2018 NY Slip Op 06120

The People of the State of New York, Respondent, v. Miguel Ramirez, Appellant.

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

Decided September 19, 2018.

Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered.

The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see CPL 470.05 [2]; People v Webster, 153 A.D.3d 733, 733 [2017]; People v Brown, 240 A.D.2d 587, 587-588 [1997]). In any event, viewing the evidence...

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