PEOPLE v. BEST


26 A.D.3d 275 (2006)

810 N.Y.S.2d 53

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRYL BEST, Appellant.

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

February 23, 2006.


While defendant's appeal was pending before this Court, Governor Pataki granted defendant executive clemency, commuting his sentence from a term of nine years to five. As a result, defendant withdrew three of the four arguments he submitted in his appeal. Thus, the sole issue remaining before this Court is defendant's assertion that the People's evidence was insufficient, and that the jury's verdict was against the weight of the evidence. For the following reasons we find...

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