People v. Pratchett

Memorandum:

Defendant appeals from a judgment convicting him, upon a jury verdict, of assault in the second degree (Penal Law § 120.05 [2]). Defendant “failed to preserve for our review his contention that the People failed to present legally sufficient evidence to disprove his justification defense [inasmuch as] he did not move for a trial order of dismissal on that ground” (People v Smalls, 70 AD3d 1328, 1330 [2010], lv denied 14 NY3d 844 [2010], reconsideration denied 15 NY3d 778 [2010]; see People v Gray, 86 NY2d 10, 19 [1995]). Viewing the evidence in light of the elements of the crime as…