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PEOPLE v. MILLER

15 A.D.3d 265 (2005)

789 N.Y.S.2d 423

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELLOHEIM MILLER, Also Known as ELLEHEIM MILLER, Appellant.

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

February 15, 2005.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 N.Y.2d 490 [1987]). Issues concerning the credibility of witnesses, as well as defendant's opportunity to divest himself of the buy money, were properly considered by the jury and there is no basis for disturbing its determinations (see People v Gaimari, 176 N.Y. 84, 94 [1903]).

However, defendant...

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