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PEOPLE v. PLUMMER

Nos. 7688, 171/10.

95 A.D.3d 647 (2012)

944 N.Y.S.2d 134

2012 NY Slip Op 3882

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIKEQUANN PLUMMER, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 17, 2012.

The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). There is no basis for disturbing the jury's determinations concerning identification and credibility. Defendant was properly convicted of robbery in the first degree under a theory of use of a dangerous instrument (Penal Law § 160.15 [3]). Defendant struck the victim on the back of his head with an imitation pistol...

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