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PEOPLE v. MARTE

7 A.D.3d 405 (2004)

777 N.Y.S.2d 448

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PERSIO MARTE, Appellant.

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

May 20, 2004.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant's accomplice liability could be reasonably inferred from a chain of events occurring before, during and after the crime (see People v Cabey, 85 N.Y.2d 417 [1995]). In particular, at the time of the crime, "[d]efendant's conduct, and that of the others, made little sense unless defendant was a participant and not a spectator...

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