PEOPLE v. DeSUSA

4261. 420/11.

151 A.D.3d 537 (2017)

2017 NY Slip Op 04802

57 N.Y.S.3d 142

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD DeSUSA, Appellant.

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

Decided June 13, 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. It does not avail defendant to rely on statements made at arraignment and hearing testimony that were not adduced at trial (see People v Dukes, 284 A.D.2d 236 [1st Dept 2001], lv denied 97 N.Y.2d 681...

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