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PEOPLE v. WHITSON

2015-12348. Ind. No. 1882/14.

166 A.D.3d 663 (2018)

86 N.Y.S.3d 83

2018 NY Slip Op 07464

The People of the State of New York, Respondent, v. John T. Whitson, Appellant.

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

Decided November 7, 2018.

Ordered that the judgment is affirmed.

The defendant's challenge to the legal sufficiency of the evidence is preserved for appellate review only to the extent that he contends that the evidence failed to prove that the complainant sustained a physical injury (see CPL 470.05 [2]; People v Hawkins, 11 N.Y.3d 484, 492 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (see People...

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