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PEOPLE v. DIAZ

4226. 3971/09.

151 A.D.3d 502 (2017)

2017 NY Slip Op 04572

57 N.Y.S.3d 136

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH DIAZ, Appellant.

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

Decided June 8, 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 determinations concerning credibility and identification. The evidence establishing that defendant fatally shot a bystander during a gunfight included reliable identifications by two eyewitnesses, evidence of motive, and a surveillance videotape that, while not depicting the shooting...

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