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PEOPLE v. SHEARD

2411, 2883/12.

145 A.D.3d 476 (2016)

2016 NY Slip Op 08186

42 N.Y.S.3d 156

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID SHEARD, Appellant.

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

Decided December 6, 2016.

The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). We find no basis for disturbing the jury's credibility findings.

There is no merit to defendant's claim that he was deprived of his right to call his codefendant as a witness. The court made it clear that it would permit the codefendant to testify if the defense wished to call him. Although defendant "vehemently...

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