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PEOPLE v. PAYNE

45 A.D.3d 370 (2007)

845 N.Y.S.2d 295

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARLON PAYNE, Appellant.

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

Decided November 15, 2007.

Defendant did not preserve his sufficiency claim and we decline to review it in the interest of justice. Were we to review this claim, we would find that the verdict was based on legally sufficient evidence. We further find that the verdict was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility, including its resolution of alleged inconsistencies in testimony...

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