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PEOPLE v. NELSON

63 A.D.3d 629 (2009)

882 N.Y.S.2d 91

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEROY NELSON, Appellant.

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

Decided June 30, 2009.

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, or its finding that, by throwing him to the ground and repeatedly kicking him, defendant caused physical injury to the victim. To establish the element of physical injury, the People were only required...

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