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People v. Mitchell

145 A.D.3d 525 Court N.Y. App. Div. Decision date 2016-12-13 English

Judges Concur—Tom, J.P., Friedman, Saxe, Feinman and Kahn, JJ.

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p. 525
The People of the State of New York, Respondent, v Keith Mitchell, Appellant.
[41 NYS3d 885]

Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered August 4, 2014, as amended November 18, 2014, convicting defendant, after a jury trial, of criminal possession of a forged instrument in the first degree (two counts) and jostling, and sentencing him, as a second felony offender, to an aggregate term of 3 to 6 years, unanimously affirmed.

The verdict was not against the weight of the evidence (People v Danielson, 9 NY3d 342 [2007]). There is no basis for disturbing the jury’s credibility determinations, including its evaluation of any inconsistencies in testimony.

Concur—Tom, J.P., Friedman, Saxe, Feinman and Kahn, JJ.

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