PEOPLE v. NIEVES


19 A.D.3d 242 (2005)

797 N.Y.S.2d 69

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEXIS NIEVES, Appellant.

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

June 21, 2005.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility (see People v Gaimari, 176 N.Y. 84, 94 [1903]). The credible evidence clearly established defendant's guilt of first-degree robbery under a theory of displaying what appeared to be a firearm.

Even if we were to find that a brief portion of a 911 tape, properly admitted as...

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