People v. Rodriguez

Defendant argues that the evidence was insufficient to sustain a finding that he intentionally caused the victim’s injuries, since he was acquitted of first and second degree assault and there was no proof of intent to injure apart from that offered to support those counts. By failing to raise what the People aptly describe as "a masked repugnancy argument” prior to the jury’s discharge, defendant has failed to preserve this claim as a matter of law (People v Alfaro, 66 NY2d 985), and we decline to reach it. If we were to reach the issue in the interest of justice, we would find the evidence,…