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PEOPLE v. KYSER

284 A.D.2d 1017 (2001)

727 N.Y.S.2d 672

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LASHARD KYSER, Appellant.

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

Decided June 8, 2001.

Judgment unanimously affirmed.

Memorandum:

Contrary to the contention of defendant, his conviction of assault in the third degree based on an accomplice theory (Penal Law §§ 20.00, 120.00 [1]) is supported by legally sufficient evidence (see, People v Allah, 71 N.Y.2d 830, 831-832; People v Ortega, 258 A.D.2d 335, lv denied 93 N.Y.2d 1045). Defendant's additional...

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