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PEOPLE v. CHERRY

245 A.D.2d 70 (1997)

665 N.Y.S.2d 871

The People of the State of New York, Respondent, v. Ernest Cherry, Appellant

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

December 9, 1997

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The jury had ample basis upon which to reject defendant's testimony. Even if that testimony were accepted, his own explanation negates his claim of temporary lawful possession (People v Banks, 76 N.Y.2d 799; People v Snyder, 73 N.Y.2d 900).

Defendant's challenges to the People's summation...

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