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PEOPLE v. RODRIGUEZ

7 A.D.3d 448 (2004)

776 N.Y.S.2d 792

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAVIER RODRIGUEZ, Appellant.

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

May 25, 2004.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The manslaughter conviction was supported by evidence warranting the conclusion that defendant shared a community of purpose with a companion who stabbed the victim in the heart (see People v Allah, 71 N.Y.2d 830 [1988]). At trial, defendant conceded his guilt of the assault counts, and his present challenges to those convictions...

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