Ordered that the judgment is affirmed.
The defendant was convicted, after a jury trial, of assault in the second degree. On appeal, he contends that a new trial is required because the Supreme Court erred in dismissing a sworn juror, the justification instruction given to the jury was erroneous, and he was denied the effective assistance of counsel because his trial counsel failed to object to the instruction given to the jury.
As relevant here, CPL 270.35...
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