PEOPLE v. DAVIS


7 A.D.3d 447 (2004)

776 N.Y.S.2d 802

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TARELLE DAVIS, Appellant.

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

May 25, 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 credible evidence, including the victim's testimony as to the pursuit and capture of defendant, clearly established that defendant was the person who assaulted the victim.

We perceive no basis for reducing...

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