PEOPLE v. BIAVASCHI


265 A.D.2d 268 (1999)

697 N.Y.S.2d 53

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD BIAVASCHI, Appellant.

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

Decided October 28, 1999.


The verdict was not against the weight of the evidence. We see no reason to disturb the jury's credibility determinations, which are supported by the record.

The People presented clear and convincing evidence, through the testimony of the complainant's mother, as well as a psychologist and a mental health caseworker qualified as expert witnesses, that extraordinary circumstances existed indicating that the complainant would suffer severe mental or emotional harm if...

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