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PEOPLE v. BERMUDEZ

1792

68 A.D.3d 575 (2009)

2009 NY Slip Op 9393

890 N.Y.S.2d 543

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GUILLERMO BERMUDEZ, Appellant.

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

Decided December 17, 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 identification and credibility. In addition to a reliable identification by the victim, defendant was connected to the crime through cell phone records. Although the phone service subscriber was a person other than defendant, there was a sufficient circumstantial...

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