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PEOPLE v. MITCHELL

Ind. No. 1900/10. 1900/10. Appeal No. 12398. Case No. 2019-3022.

188 A.D.3d 541 (2020)

135 N.Y.S.3d 401

2020 NY Slip Op 06722

The People of the State of New York, Respondent, v. Robert Mitchell, Appellant.

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

Decided November 17, 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, including its resolution of minor inconsistencies in testimony. Defendant's guilt was established by the testimony of numerous eyewitnesses.

The court providently exercised its discretion in determining that an inquiry pursuant to People v...

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