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PEOPLE v. WINTER

51 A.D.3d 599 (2008)

858 N.Y.S.2d 166

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELVIS WINTER, Appellant.

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

Decided May 29, 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. Although no witness saw defendant holding a sharp object, the evidence supports the conclusion that it was defendant who cut the victim.

The court properly declined to modify its Sandoval ruling following the prosecutor's opening...

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