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PEOPLE v. OCASIO

7778. 5251/12.

167 A.D.3d 412 (2018)

89 N.Y.S.3d 67

2018 NY Slip Op 08245

The People of the State of New York, Respondent, v. Angel Ocasio, Appellant.

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

Decided December 4, 2018.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). Moreover, there was no reasonable view of the evidence, viewed in a light most favorable to defendant, that he unlawfully attempted to enter a store without larcenous intent. Accordingly, the court properly declined, on that ground, to submit to the jury the lesser included offenses...

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