PEOPLE v. MARCHESE


261 A.D.2d 104 (1999)

689 N.Y.S.2d 91

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY MARCHESE, Appellant.

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

Decided May 4, 1999.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury's credibility determinations.

Since defendant asked the court to assign the foreperson's duties to juror number two, rather than the first alternate, who had replaced the original foreperson after the jurors had been sworn, defendant waived his current objections. Although, under CPL 270.35, the first alternate should have replaced...

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