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PEOPLE v. SANTIAGO

4457, 2616/08.

82 A.D.3d 479 (2011)

918 N.Y.S.2d 340

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN SANTIAGO, Appellant.

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

Decided March 8, 2011.

The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348 [2007]). Defendant claimed the bag he sold to an undercover officer did not contain cocaine but rather "beat" cocaine. There is no basis for disturbing the jury's credibility determination rejecting that claim.

We find the sentence excessive to the extent...

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