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PEOPLE v. ARENA

284 A.D.2d 545 (2001)

727 N.Y.S.2d 629

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN ARENA, Appellant.

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

Decided June 25, 2001.

Ordered that the judgment is modified, on the law, by vacating the conviction of assault in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support the defendant's conviction of conspiracy...

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