PEOPLE v. KENNEDY

16397, 570277/13, 14326/11.

134 A.D.3d 507 (2015)

22 N.Y.S.3d 17

2015 NY Slip Op 09204

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY KENNEDY, Appellant.

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

Decided December 15, 2015.


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 court's credibility determinations. As factfinder, the court was entitled to accept those portions of a witness's testimony it found to be reliable and reject other portions. Moreover, contrary to defendant's assertion, material aspects of this witness's testimony were corroborated by...

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