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PEOPLE v. FONSECA

Ind. No. 2699/14. Appeal No. 16641. Case No. 2018-1974.

210 A.D.3d 508 (2022)

176 N.Y.S.3d 491

2022 NY Slip Op 06444

The People of the State of New York, Respondent, v. Rigoberto Fonseca, Appellant.

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

Decided November 15, 2022.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Sean Nuttall of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Cynthia A. Carlson of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Kern, Gesmer, Higgitt, JJ.

Judgment, Supreme Court, Bronx County (Robert A. Neary, J.), rendered August 2, 2017, convicting defendant, after a jury trial, of attempted gang assault in the first degree and assault in the third degree, and sentencing him to an aggregate term of 5½ years with four years' postrelease supervision, unanimously affirmed.

The court did not unfairly restrict defense counsels' questioning of prospective jurors regarding the presumption of innocence, burden of proof...

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