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PEOPLE v. GUERRERO

22 A.D.3d 266 (2005)

801 N.Y.S.2d 739

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERNANDO GUERRERO, Appellant.

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

October 11, 2005.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 N.Y.2d 490 [1987]). Issues of identification and credibility were properly presented to the jury and we find no reason to disturb its determinations (see People v Gaimari, 176 N.Y. 84, 94 [1903]). The jury had a rational basis for accepting the People's evidence and rejecting the evidence introduced by...

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