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PEOPLE v. KURITA

8141, 3563/10.

172 A.D.3d 503 (2019)

98 N.Y.S.3d 424

2019 NY Slip Op 03728

The People of the State of New York, Respondent, v. Julian Kurita, Appellant.

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

Decided May 14, 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 rejection, after considering conflicting expert testimony, of defendant's insanity defense. Defendant did not prove, by a preponderance of the evidence, that he lacked substantial capacity to appreciate that the act of killing the victim was morally wrong (see Penal Law...

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