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People v. Gutierrez

91 A.D.3d 491 Court N.Y. App. Div. Decision date 2012-01-12 English

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p. 491
The People of the State of New York, Respondent, v Edward Gutierrez, Appellant.
[935 NYS2d 883]

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342 , 348-349 [2007]). There is no basis for disturbing the court’s determinations concerning credibility. The fact that the court acquitted defendant of other charges does not warrant a different conclusion (see People v Rayam, 94 NY2d 557 , 563 [2000]). Concur — Mazzarelli, J.E, Andrias, Saxe, Freedman and Román, JJ.

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