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People v. Kuz

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


January 5, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
VASITILY KUZ, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered February 5, 2007, convicting him of assault in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

STEVEN W. FISHER, J.P., DANIEL D. ANGIOLILLO, THOMAS A. DICKERSON and JOHN M. LEVENTHAL, JJ.

(Ind. No. 5528/05)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant contends that, with respect to the count charging assault in the first degree, the Supreme Court's erroneous definition of serious physical injury (see Penal Law § 10.00[10]; People v Pittman, 33 AD3d 1118, 1119--1120; cf. CJI2d[NY] Penal Law § 120.10[1]), deprived him of a fair trial (see CPL 470.15[6][a]). We find that the charge did not deprive the defendant of a fair trial, and we decline to disturb the conviction in the exercise of our interest of justice jurisdiction (see CPL 470.15[3][c]; People v Malloy, 177 AD2d 511, 512).

FISHER, J.P., ANGIOLILLO, DICKERSON and LEVENTHAL, JJ., concur.

20100105

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