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PEOPLE v. PHELPS

287 A.D.2d 301 (2001)

731 N.Y.S.2d 363

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON PHELPS, Also Known as MICHAEL McKINNEY, Appellant.

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

Decided October 11, 2001.

The court's verdict, in which it rejected defendant's agency defense, was not against the weight of the evidence. Issues of credibility were properly considered by the trier of facts and there is no basis upon which to disturb its determinations (see, People v Gaimari, 176 N.Y. 84, 94). Evidence properly credited by the court clearly refuted the agency defense (see, People v Lam Lek Chong, 45 N.Y.2d 64, 74-75, cert denied...

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