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PEOPLE v. GASTON

16701, 5162/10

135 A.D.3d 575 (2016)

23 N.Y.S.3d 232

2016 NY Slip Op 00305

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS GASTON, Appellant.

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

Decided January 19, 2016.

The verdict, which rejected defendant's agency defense, 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. Even under the version of the facts reflected in defendant's testimony, the evidence supports the conclusion that the heroin defendant received was not an "incidental benefit" for performing a "favor" (People...

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