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PEOPLE v. SIMMONS

39 A.D.3d 235 (2007)

833 N.Y.S.2d 437

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SERVINO SIMMONS, Appellant.

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

Decided April 3, 2007.

The verdict was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning identification and credibility (see People v Bleakley, 69 N.Y.2d 490 [1987]). The victim's identification testimony was extensively corroborated by circumstantial evidence.

The court's Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see People v Hayes...

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