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PEOPLE v. HERBIN

4548, 481/08

86 A.D.3d 446 (2011)

927 N.Y.S.2d 54

2011 NY Slip Op 5933

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGINALD HERBIN, Appellant.

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

Decided July 14, 2011.

The verdict was supported by legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348 [2007]). Although defendant's expert testified that the knife possessed by defendant could be opened by pressing a thumb disk, he also testified that he observed the officers release the blade simply by flicking the knife with their wrists, which satisfies the definition of a gravity knife...

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