PEOPLE v. BATISTA

3410, 1841/12.

148 A.D.3d 501 (2017)

2017 NY Slip Op 01831

48 N.Y.S.3d 581

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLIN BATISTA, Appellant.

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

Decided March 15, 2017.


The verdict was based on legally sufficient evidence and 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 credibility determinations. An accomplice witness's testimony was amply corroborated by surveillance videotapes and other evidence.

The court correctly denied defendant's request to charge second-degree gang assault as a lesser...

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