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PEOPLE v. ROMERO

7 N.Y.3d 633 (2006)

859 N.E.2d 902

826 N.Y.S.2d 163

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. UBALDO ROMERO, Appellant.

Court of Appeals of New York.

Decided November 21, 2006.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (William A. Loeb and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Susan Gliner and Mark Dwyer of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

GRAFFEO, J.

Citing People v Gaimari (176 N.Y. 84 [1903]), the Appellate Division rejected defendant's argument that the jury's verdict was against the weight of the evidence. The issue for us to decide is whether the Appellate Division's reliance on Gaimari indicates that the Court failed to apply the correct legal standard for reviewing this weight of the evidence claim. For the...

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