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PEOPLE v. MAWHINNEY

241 A.D.2d 332 (1997)

659 N.Y.S.2d 35

The People of the State of New York, Respondent, v. Nevin Mawhinney, Appellant

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

July 1, 1997

The court's verdict rejecting defendant's affirmative defense of lack of criminal responsibility by reason of mental disease or defect (Penal Law § 40.15) was not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490). We see no reason to disturb the court's evaluation (163 Misc.2d 329), under the statutory standard, of conflicting expert testimony.

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