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PEOPLE v. SMITH

2018-12112. Ind. No. 17-00551.

202 A.D.3d 1003 (2022)

159 N.Y.S.3d 712

2022 NY Slip Op 01051

The People of the State of New York, Respondent, v. Sincere Smith, Appellant.

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

Gary E. Eisenberg, New City, NY, for appellant.

Miriam E. Rocah, District Attorney, White Plains, NY (Jill Oziemblewski and William C. Milaccio of counsel), for respondent.

Duffy, J.P., Iannacci, Miller and Christopher, JJ., concur.

Ordered that the judgment is affirmed.

The defendant was convicted of assault in the second degree, after a jury trial, in connection with his participation in an assault on the owner of a barbershop at the barbershop in New Rochelle. The defendant's contention that the evidence was not legally sufficient is unpreserved for appellate review (see CPL 470.05[2]; People v Hawkins, 11 N.Y.3d 484, 492 [2008]). In any event...

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