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PEOPLE v. MERZIANU

57 A.D.3d 385 (2008)

870 N.Y.S.2d 17

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIHAI MERZIANU, Appellant.

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

December 23, 2008.

The verdict was based on legally sufficient evidence and 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. Defendant was convicted of assault under a theory of recklessness (see Penal Law § 15.05 [3]; § 120.05 [4]), based on evidence establishing that he deliberately engaged in a course...

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