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PEOPLE v. NDIONGUE

Ind. No. 2091/16. Appeal No. 12066. Case No. 2019-4133.

187 A.D.3d 548 (2020)

130 N.Y.S.3d 658

2020 NY Slip Op 05821

The People of the State of New York, Respondent, v. Alioune Ndiongue, Appellant.

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

Decided October 15, 2020.

The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). The evidence supports the jury's conclusion that defendant, a department store employee, used a credit card number without authorization to purchase a gift card in the amount of $2,000. The fact that the jury acquitted defendant of other charges does not warrant a different conclusion (see People v Rayam, ...

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