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PEOPLE v. MURPHY

5633/13. 8282. 8281.

168 A.D.3d 632 (2019)

92 N.Y.S.3d 272

2019 NY Slip Op 00685

The People of the State of New York, Respondent, v. Donelle Murphy, Appellant.

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

Decided January 31, 2019.

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]). The victim returned to her home country and refused to testify. Nevertheless, there was extensive evidence that included, among other things, statements by the victim properly admitted under the excited utterance and medical diagnosis/treatment exceptions to the

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