PEOPLE v. BALLARD


143 A.D.2d 919 (1988)

The People of the State of New York, Respondent, v. Abraham Ballard, Also Known as Lawrence Upchurch, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 24, 1988


Ordered that the judgment is affirmed.

The evidence adduced at trial is both legally and factually sufficient to sustain the jury's verdict. The evidence established that on the occasions specified in the indictment the defendant "for a fee * * * which he directly or indirectly solicit[ed] * * * [held] himself out as being able, by claimed or pretended use of occult powers, to * * * influence or affect evil spirits or curses" (Penal Law § 165.35). The defendant...

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