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PEOPLE v. ORTIZ

8176, 62286C/08.

99 A.D.3d 596 (2012)

952 N.Y.S.2d 443

2012 NY Slip Op 7059

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN ORTIZ, Appellant.

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

October 23, 2012.

The verdict was against the weight of the evidence. "[A]n acquittal would not have been unreasonable" as there was conflicting testimony and a lack of evidence establishing defendant's guilt beyond a reasonable doubt (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]; People v Bleakley, 69 N.Y.2d 490, 495 [1987]). The victim claimed that, while she was in the hospital, defendant made...

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