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PEOPLE v. SUTHERLAND

4423, 639/13.

152 A.D.3d 419 (2017)

2017 NY Slip Op 05562

59 N.Y.S.3d 307

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN SUTHERLAND, Appellant.

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

Decided July 11, 2017.

The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348 [2007]). There is no basis for disturbing the jury's credibility determinations. There was ample evidence that defendant made intentional false statements concerning a material fact when he attempted to sell counterfeit artwork to an undercover police officer. In particular, defendant affirmatively misrepresented that he had no reason...

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