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PEOPLE v. WHARTON

9697, 2252/15.

173 A.D.3d 584 (2019)

102 N.Y.S.3d 603

2019 NY Slip Op 05068

The People of the State of New York, Respondent, v. Terrence Wharton, Appellant.

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

Decided June 25, 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 credibility determinations, including its resolution of alleged inconsistencies between the victims' testimony and a surveillance videotape.

The court properly declined to submit attempted robbery in the third degree to the jury, because there was no reasonable view of...

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