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PEOPLE v. JIMINEZ

227 A.D.2d 170 (1996)

642 N.Y.S.2d 16

The People of the State of New York, Respondent, v. Antonio Jiminez, Appellant

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

May 7, 1996

Defendant's guilt was proven beyond a reasonable doubt by overwhelming evidence, and the verdict was not against the weight of that evidence (People v Bleakley, 69 N.Y.2d 490, 495). Submission of lesser included offenses on the theory that defendant might not have displayed a gun was properly denied since there was no rational basis to reject the consistent testimony of the victims that a gun had been displayed while otherwise crediting...

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