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PEOPLE v. RUSSELL

41/07, 6801.

99 A.D.3d 211 (2012)

950 N.Y.S.2d 130

2012 NY Slip Op 6102

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK RUSSELL, Appellant.

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

September 4, 2012.

Attorney(s) appearing for the Case

James Layton Koenig , New York City, for appellant.

Robert T. Johnson , District Attorney, Bronx ( Peter D. Coddington of counsel), for respondent.

SAXE and MOSKOWITZ, JJ., concur with FREEDMAN, J.; MAZZARELLI, J.P., and MANZANET-DANIELS, J., dissent in a separate opinion by MAZZARELLI, J.P.

OPINION OF THE COURT

FREEDMAN, J.

Defendant was convicted of robbery in the first degree (Penal Law § 160.15 [4]) and sentenced to a nine year determinate sentence and five years' postrelease supervision based on a single witness identification made 15 days after the robbery occurred. Upon exercising our independent factual review power (CPL 470.15), we find that the verdict was against the weight of the evidence (People v Danielson, ...

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