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PEOPLE v. MOBLEY

22 A.D.3d 345 (2005)

801 N.Y.S.2d 895

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KIP MOBLEY, Appellant.

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

October 18, 2005.

The verdict is not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility (see People v. Gaimari, 176 N.Y. 84, 94 [1903]). There was nothing implausible about the victim's account of the incident, and the fact that the jury acquitted defendant of first-degree robbery does not warrant a different conclusion (see People v. Rayam, 94 N.Y.2d...

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