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PEOPLE v. SHEARIN

10377. 2175/15.

177 A.D.3d 504 (2019)

114 N.Y.S.3d 298

2019 NY Slip Op 08371

The People of the State of New York, Respondent, v. Theodore Shearin, Appellant.

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

Decided November 19, 2019.

Defendant's claim that the evidence failed to establish the physical injury element of robbery in the second degree was rendered moot by his acquittal of that charge (see People v Flores, 284 A.D.2d 123 [1st Dept 2001], lv denied 98 N.Y.2d 710 [2002]; People v Reynoso, 262 A.D.2d 102, 103 [1st Dept 1999], lv denied 93 N.Y.2d 1025 [1999]; see also People v Brown,

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