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PEOPLE v. ABREU

5913, 92/07.

89 A.D.3d 412 (2011)

931 N.Y.S.2d 320

2011 NY Slip Op 7682

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS ABREU, Appellant.

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

Decided November 1, 2011.

We reject defendant's argument that the first-degree murder conviction was against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). The evidence warranted the conclusion that defendant intended to kill the victim, and it does not support defendant's theory that he may have accidentally fired what he believed to be an unloaded revolver.

The court properly permitted a conspirator to testify...

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