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PEOPLE v. DOWNING

225 A.D.2d 391 (1996)

640 N.Y.S.2d 746

The People of the State of New York, Respondent, v. Calvin Downing, Appellant

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

March 19, 1996

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We reject defendant's "masked repugnancy argument" based on his acquittal of the sale count (People v Fridic, 222 A.D.2d 220; People v Martinez, 165 A.D.2d 788, lv denied 78 N.Y.2d 924).

Defendant's contention that the prosecutor's summation deprived him of a fair trial is...

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