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PERRIELLO v. STATE

2012-00347.

106 A.D.3d 797 (2013)

964 N.Y.S.2d 624

2013 NY Slip Op 3310

NICOLINO PERRIELLO, SR., Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided May 8, 2013.

Ordered that the judgment is affirmed, with costs.

"Where, as here, a case is tried without a jury, this Court's power to review the evidence is as broad as that of the trial court, `taking into account in a close case the fact that the trial judge had the advantage of seeing the witnesses'" (Terry v State of New York, 39 A.D.3d 846, 846 [2007], quoting Northern Westchester Professional Park Assoc. v Town of Bedford,<...

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