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PEOPLE v. JOHNSON

33 A.D.3d 561 (2006)

822 N.Y.S.2d 706

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KIRKVILLE JOHNSON, Appellant.

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

Decided October 31, 2006.

The verdict, in which the jury rejected defendant's justification defense, was not against the weight of the evidence (see People v Bleakley, 69 N.Y.2d 490, 495 [1987]). There is no basis for disturbing the jury's determinations concerning credibility. "The jury reasonably determined, based on the testimony of the prosecution witnesses, that the victim did not present an imminent threat of deadly physical force" (People v Colon...

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