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PEOPLE v. FRANCIS

3387, 4351/08.

148 A.D.3d 487 (2017)

2017 NY Slip Op 01817

49 N.Y.S.3d 662

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAWAUN FRANCIS, Appellant.

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

Decided March 15, 2017.

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 credibility determinations, including its evaluation of the People's principal witness's explanation for his initial identification of a person other than defendant as the assailant.

The court providently exercised its discretion...

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