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PEOPLE v. ENCARNACION

8618, 3853/09.

100 A.D.3d 553 (2012)

954 N.Y.S.2d 522

2012 NY Slip Op 8065

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNESTO ENCARNACION, Appellant.

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

November 27, 2012.

The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). There is no basis for disturbing the jury's credibility determinations, including its evaluation of inconsistencies in testimony and of the explanation for defendant's delayed arrest.

The court properly exercised its discretion in granting the prosecutor's challenge for cause to a prospective juror. "It is almost...

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