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PEOPLE v. ALGARIN

15600, 4335/12

130 A.D.3d 401 (2015)

11 N.Y.S.3d 482

2015 NY Slip Op 05755

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL ALGARIN, Appellant.

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

Decided July 2, 2015.

The court erred in its determination that defendant opened the door to a modification of its Sandoval ruling. Nonetheless the error was harmless in light of the remaining overwhelming evidence of guilt.

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 determinations concerning credibility, and its mixed verdict...

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