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PEOPLE v. CASTRO

Appellate Division of the Supreme Court of New York, Fourth Department.
Jul 13, 1990

Judgment unanimously affirmed. Memorandum: Viewing the evidence in the light most favorable to the prosecution, we conclude that defendant's conviction of assault in the second degree (see, Penal Law ยง 120.05) is supported by legally sufficient evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, People v. Bleakley, supra, at 495). Finally, defendant's sentence was not harsh and excessive.