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PEOPLE v. KELLEY

58 A.D.3d 443 (2009)

869 N.Y.S.2d 783

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN KELLEY, Appellant.

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

January 8, 2009.

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 and identification. Defendant's claims that the victim fabricated the incident or confused defendant with someone else are unpersuasive. We note that there was eyewitness testimony corroborating the fact that a sexual assault occurred, and...

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