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PEOPLE v. STRAKER

291 A.D.2d 246 (2002)

736 N.Y.S.2d 873

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCUS STRAKER, Appellant.

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

Decided February 7, 2002.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490). There is no basis upon which to disturb the jury's determinations concerning credibility. The credible evidence clearly established that defendant, after shoplifting merchandise, twice engaged in the use of physical force against the store's security guard in efforts to retain control of the...

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