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PEOPLE v. JAMES

Ind No. 1157/18. Appeal No. 15784. Case No. 2020-00078.

204 A.D.3d 547 (2022)

164 N.Y.S.3d 826

2022 NY Slip Op 02636

The People of the State of New York, Respondent, v. Kemar James, Appellant.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Barbara Zolot of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Shera Knight of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Kern, Singh, Kennedy, Mendez, JJ.

Defendant did not preserve his claim that the evidence was legally insufficient to establish the serious physical injury element of robbery under Penal Law § 160.15(1), and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). The jury could have...

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