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PEOPLE v. DELGADO

Ind. No. 273/19. Appeal No. 17531. Case No. 2020-01255.

214 A.D.3d 542 (2023)

185 N.Y.S.3d 150

2023 NY Slip Op 01485

The People of the State of New York, Respondent, v. Juan Delgado, Appellant.

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

Decided March 21, 2023.

Attorney(s) appearing for the Case

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

Darcel D. Clark , District Attorney, Bronx ( Joshua P. Weiss of counsel), for respondent.

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

Judgment, Supreme Court, Bronx County (April A. Newbauer, J.), rendered January 15, 2020, convicting defendant, after a jury trial, of assault in the second degree and criminal obstruction of breathing or blood circulation, and sentencing him, as a second volent felony offender, to an aggregate term of five years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson,

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