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PEOPLE v. FOTI

33 A.D.3d 403 (2006)

821 N.Y.S.2d 767

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN FOTI, Appellant.

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

Decided October 12, 2006.

The verdict was based upon legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 N.Y.2d 490 [1987]). There is no basis for disturbing the court's credibility determinations. The evidence supported the conclusion that defendant caused physical injury by means of a dangerous instrument.

The court properly exercised its discretion in precluding testimony that was essentially psychiatric...

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