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PEOPLE v. VALENCIA

58 A.D.3d 879 (2009)

873 N.Y.S.2d 97

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBEIRO VALENCIA, Appellant.

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

January 27, 2009.

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

We agree with the defendant that the evidence at trial, viewed in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620 [1983]), was legally insufficient to establish...

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