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PEOPLE v. FRANCIS

Ind Nos. 8031C/05, 642/05, 8031C/05, 642/05. Appeal No. 12115. Case No. 2017-2885.

187 A.D.3d 586 (2020)

131 N.Y.S.3d 342

2020 NY Slip Op 05867

The People of the State of New York, Respondent, v. Quindel Francis, Appellant.

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

Decided October 20, 2020.

The verdict was not against the weight of the evidence (People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). Moreover, we find that the evidence overwhelmingly disproved defendant's justification defense. There is no basis for disturbing the jury's credibility determinations. Defendant's claim of justification was based primarily on the implausible account of the incident found in his post-arrest statements, and this account was refuted...

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