PEOPLE v. SIMMS


11 A.D.3d 206 (2004)

782 N.Y.S.2d 261

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TREVOR SIMMS, Appellant.

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

October 5, 2004.


The verdict 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]). The police testimony was not implausible, and the record satisfactorily explains the fact that the two officers involved in defendant's arrest perceived and recalled the events...

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