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PEOPLE v. MOCZO

5304, 4428/07.

85 A.D.3d 650 (2011)

926 N.Y.S.2d 81

2011 NY Slip Op 5551

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON MOCZO, Appellant.

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

Decided June 28, 2011.

The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342 [2007]). There is no basis for disturbing the jury's credibility determinations, including its evaluation of inconsistencies in testimony.

The court's Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see People v Hayes, 97 N.Y.2d 203 [2002]...

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