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PEOPLE v. THOMAS

10536.

178 A.D.3d 495 (2019)

2019 NY Slip Op 08921

The People of the State of New York, Respondent, v. Dwight Thomas, Appellant.

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

Decided December 12, 2019.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Anjali Pathmanathan of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Noreen M. Stackhouse of counsel), for respondent.

Concur—Renwick, J.P., Gische, Mazzarelli, Moulton, JJ.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). Moreover, the evidence of guilt was overwhelming. In particular, there was ample evidence that defendant swung a small knife at the victim and that this knife was a dangerous instrument because "under the circumstances in which it [was] used, attempted to be used or threatened...

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