PEOPLE v. McKELVEY

3838, 4080/06.

79 A.D.3d 510 (2010)

911 N.Y.S.2d 627

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILIP McKELVEY, Appellant.

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

Decided December 9, 2010.


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 credibility determinations as to each of the three incidents. Each of the three victims provided credible testimony that established the element of force beyond a reasonable doubt.

We perceive no basis for reducing the sentence...

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