People v. Kyser
Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Contrary to the contention of defendant, his conviction of assault in the third degree based on an accomplice theory (Penal Law §§ 20.00, 120.00 [1]) is supported by legally sufficient evidence (see, People v Allah, 71 NY2d 830, 831-832; People v Ortega, 258 AD2d 335, lv denied 93 NY2d 1045). Defendant’s additional contention that the evidence of physical injury is legally insufficient to support the conviction is not preserved for our review (see, People v Gray,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.