PEOPLE v. SERRANO


269 A.D.2d 161 (2000)

701 N.Y.S.2d 906

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES SERRANO, Appellant.

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

Decided February 3, 2000.


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 determinations concerning credibility and identification.

Defendant "was not denied due process by the prosecutor's withholding of his consent to a plea bargain offer to a lesser crime because of [the codefendant's] refusal to similarly plead guilty * * * The prosecutor is free to dictate the terms under which he or she will agree...

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