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PEOPLE v. MONTGOMERY

9758, 5363/09.

173 A.D.3d 627 (2019)

102 N.Y.S.3d 604

2019 NY Slip Op 05206

The People of the State of New York, Respondent, v. James Montgomery, Appellant.

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

Decided June 27, 2019.

The verdict was supported by 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 evidence here amply supports the conclusion that defendant caused physical injury within the meaning of Penal Law § 10.00(9) to both a police officer and a bus driver. Initially, we find no basis for disturbing any of the jury's credibility determinations.

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