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PEOPLE v. YOUNG

2016-00278. Ind. No. 6214/14.

166 A.D.3d 1024 (2018)

88 N.Y.S.3d 560

2018 NY Slip Op 08159

The People of the State of New York, Respondent, v. Malique Young, Appellant.

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

Decided November 28, 2018.

Ordered that the judgment is modified, on the law, by vacating the conviction of assault in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt of burglary in the first degree is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins,

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