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PEOPLE v. VARGAS

6492, 70340C/07

91 A.D.3d 452 (2012)

935 N.Y.S.2d 879

2012 NY Slip Op 45

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCO ANGELO VARGAS, Appellant.

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

Decided January 5, 2012.

Defendant's challenge to the sufficiency of the evidence is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find that the verdict was supported by legally sufficient evidence. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). The totality of defendant's conduct supports the conclusion that defendant intended...

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