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PEOPLE v. SUTTON

288 A.D.2d 115 (2001)

733 N.Y.S.2d 344

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEONARD SUTTON, Appellant.

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

Decided November 20, 2001.

The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility. Defendant's acquittal of certain other charges does not warrant a different conclusion (see, People v Rayam, 94 N.Y.2d 557).

Defendant's application pursuant to Batson v Kentucky (476 U.S. 79) was properly denied. Since defense counsel did...

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