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PEOPLE v. ROSARIO

9933, 536/12.

175 A.D.3d 1222 (2019)

109 N.Y.S.3d 281

2019 NY Slip Op 06873

The People of the State of New York, Respondent, v. Alberto Rosario, Appellant.

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

Decided September 26, 2019.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Brittany N. Francis of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Katherine Kulkarni of counsel), for respondent.

Concur—Friedman, J.P., Renwick, Tom, Gesmer, Oing, JJ.

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. The evidence supports the conclusion that defendant simultaneously possessed a pistol and a magazine loaded with ammunition, thereby possessing a "[l]oaded firearm" (Penal Law § 265.00[15]).

The court properly denied defendant's application...

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