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PEOPLE v. SMITH

5930 3065/11.

159 A.D.3d 469 (2018)

70 N.Y.S.3d 41

2018 NY Slip Op 01545

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEON SMITH, Appellant.

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

Decided March 8, 2018.

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. The police account of the incident was not so implausible as to require a different conclusion (see e.g. People v Lewis, 136 A.D.3d 468 [1st Dept 2016], lv denied 27 N.Y.3d 1001

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