PEOPLE v. RIVERA

1918/13. 7946. 7945. 7944. 7943. 7942. 7941. 7940. 7939. 7938. 150451/14.

167 A.D.3d 550 (2018)

91 N.Y.S.3d 29

2018 NY Slip Op 09024

The People of the State of New York, Respondent, v. Alfred Rivera, Appellant. The People of the State of New York, Respondent, v. David Rodriguez, Appellant. The People of the State of New York, Respondent, v. Tobias Parker, Appellant. The People of the State of New York, Respondent, v. Jose Parra, Appellant. The People of the State of New York, Respondent, v. Harmon Frierson, Appellant. The People of the State of New York, Respondent, v. Dwayne Maynard, Appellant.

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

Decided December 27, 2018.


The verdicts were based on legally sufficient evidence and were not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348 [2007]). Moreover, we find that the evidence was overwhelming. There is no basis for disturbing the credibility determinations made by the respective fact finders in this joint jury/nonjury trial. The triers of fact properly resolved any inconsistencies involving the testimony and prior...

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