PEOPLE v. FIGUEROA


48 A.D.3d 324 (2008)

851 N.Y.S.2d 521

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL FIGUEROA, Appellant.

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

Decided February 21, 2008.


The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). There is no basis for disturbing the jury's determinations concerning credibility. The victims satisfactorily explained the discrepancies between their trial testimony and their prior statements.

After the jury had sent a note indicating that it had reached a verdict, the foreperson sent a personal note to the court...

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