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PEOPLE v. SHERWOOD

2014-11268. Ind. No. 1115/13.

178 A.D.3d 1093 (2019)

112 N.Y.S.3d 555

2019 NY Slip Op 09300

The People of the State of New York, Respondent, v. Kenton Sherwood, Appellant.

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

Decided December 24, 2019.

Attorney(s) appearing for the Case

Scott G. Cerbin, Esq. , PLLC, Brooklyn, NY, for appellant.

Madeline Singas , District Attorney, Mineola, NY ( Hilda Mortensen and Amanda Manning of counsel), for respondent.

Balkin, J.P., Cohen, Miller and Duffy, JJ., concur.

Ordered that the judgment is affirmed.

The defendant was convicted of assault in the second degree arising out of an altercation between him and his wife on February 17, 2013. At trial, the People introduced into evidence video footage taken from an eyewitness's cell phone allegedly depicting the defendant during the incident.

Contrary to the defendant's contention, the Supreme Court did not improvidently exercise its discretion in admitting the

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