PEOPLE v. MARTINEZ-HERRERA

1619/12, 9221, 9220.

172 A.D.3d 451 (2019)

100 N.Y.S.3d 235

2019 NY Slip Op 03534

The People of the State of New York, Respondent, v. Juan Carlos Martinez-Herrera, Appellant.

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

Decided May 7, 2019.


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 determinations concerning credibility and the evaluation of conflicting expert testimony. In particular, the jury could have readily rejected defendant's implausible account of the victim's death and its aftermath. The evidence supports...

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