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NY Midlevel Court Rejects Senate Vote Challenge

ALBANY, N.Y. (AP) -- A midlevel New York court has dismissed an incumbent Democratic state senator's challenge to the vote tally showing he lost his seat on Long Island.

The Appellate Division panel says Sen. Craig Johnson of Nassau County is not entitled to a hand recount in the race against Republican newcomer Jack Martins.

A judge has certified Martins the winner of the 7th Senate District seat by 451 votes out of the tens of thousands of cast.

Johnson says Thursday he's going to appeal to New York's top court, the Court of Appeals.

With that Democratic loss, the Senate would switch back to a 32-30 Republican majority in January.

Democrats have been in charge of the chamber for two years, following decades of Republican control.

(Copyright 2010 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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