PEOPLE v. WALKER


19 A.D.3d 208 (2005)

798 N.Y.S.2d 398

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN WALKER, Appellant.

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

June 16, 2005.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant's challenges to the sufficiency and weight of the evidence are based on an agency theory that he did not raise at trial (see People v Wright, 288 A.D.2d 28 [2001], lv denied 97 N.Y.2d 735 [2002]). Furthermore, defendant's theory rests on assumptions about the jury's thought processes...

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