PEOPLE v. TIES


309 A.D.2d 650 (2003)

765 N.Y.S.2d 632

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK TIES, Appellant.

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

Decided October 23, 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 credibility (see People v Gaimari, 176 N.Y. 84, 94 [1903]). Evidence apparently credited by the jury established defendant's use of force for the purpose of retaining the merchandise that he and his companions had shoplifted.

We perceive no basis for reducing...

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