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PEOPLE v. HENDERSON

12 Misc.3d 60 (2006)

818 N.Y.S.2d 412

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY HENDERSON, Appellant.

Supreme Court, Appellate Term, First Department.

May 19, 2006.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Laura R. Johnson and Annamatesha N. Beason of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Christopher P. Marinelli and Nicholas H. Penfold of counsel), for respondent.

GANGEL-JACOB and SCHOENFELD, JJ., concur; McCOOE, J.P., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Judgment of conviction, rendered May 7, 2002, affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the trial court's determinations concerning credibility. The credited evidence established that the complainant, defendant's former girlfriend, was put "in reasonable fear...

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