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PEOPLE v. SMITH

39 A.D.3d 773 (2007)

834 N.Y.S.2d 303

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE SMITH, Appellant.

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

Decided April 17, 2007.

Ordered that the judgment is affirmed.

This Court may determine that a verdict is against the weight of the evidence by "draw[ing] inferences contrary to those implicitly drawn by the jury, and conclude that while legally valid, the verdict should nevertheless be set aside as contrary to the weight of the evidence" (People v Acosta, 80 N.Y.2d 665, 672 [1993]; see People v Bleakley, 69 N.Y.2d 490

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