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PEOPLE v. McKENZIE

2 A.D.3d 348 (2003)

768 N.Y.S.2d 816

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LATIF McKENZIE, Appellant.

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

December 30, 2003.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning identification and credibility, including its evaluation of the witnesses' inability to make in-court identifications (see People v Fratello, 92 N.Y.2d 565, 572-573 [1998], cert denied 526 U.S. 1068 [1999]). Moreover, the fingerprint evidence, standing alone...

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