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PEOPLE v. GARAY

5494. 447/09.

158 A.D.3d 508 (2018)

71 N.Y.S.3d 40

2018 NY Slip Op 01117

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALDO GARAY, Appellant.

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

Decided February 15, 2018.

The evidence was legally insufficient to establish that the injuries sustained by the victim constituted serious physical injury (see Penal Law § 10.00 [10]), an element of gang assault in the first degree (see People v Rosado, 88 A.D.3d 454 [1st Dept 2011], lv denied 18 N.Y.3d 928 [2012]). Although there was testimony that the victim still had some physical effects of the assault...

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