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PEOPLE v. SPENCER

1149 KA 18-01267.

203 A.D.3d 1725 (2022)

162 N.Y.S.3d 848

2022 NY Slip Op 01943

The People of the State of New York, Respondent, v. Anthony Spencer, Jr., Also Known as Anthony J. Spencer, Jr., Also Known as Anthony J. Spencer, Appellant.

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

Decided March 18, 2022.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( JOHN J. MORRISSEY OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN , DISTRICT ATTORNEY, BATAVIA ( ROBERT J. SHOEMAKER OF COUNSEL), FOR RESPONDENT.

Present— Whalen, P.J., Smith, NeMoyer and Curran, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of gang assault in the first degree (Penal Law § 120.07) and assault in the first degree (§ 120.10[1]). We affirm.

Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 N.Y.3d 342, 349 [2007...

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