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PEOPLE v. JIMENEZ

6944, 45830C/07.

93 A.D.3d 422 (2012)

938 N.Y.S.2d 891

2012 NY Slip Op 1567

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MONICA JIMENEZ, Appellant.

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

Decided March 1, 2012.

The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348 [2007]). The court was free to accept or reject any part of the victim's testimony; there is no basis for disturbing the court's determination to credit that testimony in part. The fact that the court acquitted defendant of other charges does not warrant a different result (see People v Rayam, 94 N.Y.2d 557

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