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PEOPLE v. HAYES

61 A.D.3d 992 (2009)

878 N.Y.S.2d 167

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCUS HAYES, Appellant.

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

Decided April 28, 2009.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant's challenge to the legal sufficiency of the evidence, raised in his supplemental pro se brief, is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 N.Y.3d 484 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N...

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