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The People of the State of New York, Respondent, v. Jorge Berrios, Appellant
OPINION OF THE COURT
Order affirmed. Defendant’s primary argument on this appeal, that evidence of a prior assault on the victim was not admissible to negate the anticipated defense of accident, was not raised in the trial court and therefore is not preserved for our review. Defendant’s remaining contentions, challenging the sufficiency of the evidence, are without merit.
Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.