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PEOPLE v. SMITH

10569. 130/16.

178 A.D.3d 524 (2019)

111 N.Y.S.3d 845

2019 NY Slip Op 08949

The People of the State of New York, Respondent, v. Russell Smith, 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 ( Carl S. Kaplan of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Robert C. McIver of counsel), for respondent.

Concur—Richter, J.P., Manzanet-Daniels, Webber, Gesmer, 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, including its rejection of the defense of consent.

The court properly denied defendant's CPL 330.30(2) motion to set aside the verdict on the ground of juror misconduct. "[N]ot every misstep by a juror rises to the inherently prejudicial level...

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