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PEOPLE v. CINTRON

222 A.D.2d 301 (1995)

636 N.Y.S.2d 619

The People of the State of New York, Respondent, v. Wilfredo Cintron, Appellant

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

December 19, 1995

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were properly presented to the court, as the trier of fact, and we see no reason to disturb its findings. Defendant's claim that the court erred in not informing him, before summations, of its intent to consider the lesser included offense of attempted criminal sale of a controlled substance in the fifth degree...

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