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PEOPLE v. KEMP

4945/15, 10051A, 30/16, 10051.

176 A.D.3d 481 (2019)

112 N.Y.S.3d 92

2019 NY Slip Op 07342

The People of the State of New York, Respondent, v. Gary Kemp, Appellant.

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

Decided October 10, 2019.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Scott H. Henney of counsel), for appellant.

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

Concur—Renwick, J.P., Gische, Kapnick, Gesmer, Moulton, JJ.

We reject defendant's argument that the verdict convicting him of predatory sexual assault was 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. When the events at issue are viewed as a continuing incident, the evidence established the element of use or threatened immediate use of a dangerous instrument in the course of...

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