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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KAREN CRUZ, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that the evidence is legally insufficient to support her conviction is unpreserved for appellate review ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245, 250-252). In any event, viewing the evidence in the light most favorable to the People ( see, People v. Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant intended to cause physical injury to the victim when she threw scalding water upon her after an argument ( see, Penal Law § 120.05). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15; People v. Gaimari, 176 N.Y. 84, 94; People v. Livingston, 184 A.D.2d 529, 530).

Mangano, P. J., Sullivan, Florio and McGinity, JJ., concur.

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PEOPLE v. CRUZ
(Jan 25, 1999)