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PEOPLE v. NEWTON

58 A.D.3d 553 (2009)

872 N.Y.S.2d 106

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK NEWTON, Appellant.

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

January 27, 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. The evidence established that defendant actively participated in the drug transaction as a lookout and steerer.

Defendant's challenges to the People's summation are unpreserved and we decline to review them in the...

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