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PEOPLE v. CASTRO

46 A.D.3d 477 (2007)

849 N.Y.S.2d 208

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE CASTRO, Appellant.

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

Decided December 27, 2007.

The verdict was not against the weight of the evidence. There is no basis for disturbing the jury's credibility determinations (see People v Bleakley, 69 N.Y.2d 490 [1987]). The evidence established that defendant displayed what appeared to be a weapon when he gestured with his hand in his pocket and threatened to shoot the victim.

The court properly declined to submit third-degree...

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