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PEOPLE v. TORRES

Ind No. 1222/17. Appeal No. 11875. Case No. 2019-5712.

186 A.D.3d 1164 (2020)

129 N.Y.S.3d 336

2020 NY Slip Op 05146

The People of the State of New York, Respondent, v. Angelo Torres, Appellant.

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

Decided September 29, 2020.

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 when defendant used force against a store clerk, his intent was to overcome the clerk's resistance to his retention of stolen property, and not, as he argues, solely to effectuate his escape (see People v...

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