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PEOPLE v. CABRERA

Ind. No. 3707/13. Appeal No. 12463. Case No. 2017-2503.

188 A.D.3d 612 (2020)

132 N.Y.S.3d 747

2020 NY Slip Op 06966

The People of the State of New York, v. Tomas Cabrera, Appellant.

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

Decided November 24, 2020.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). Defendant's arguments regarding the operability of a jammed pistol are similar to arguments this Court rejected on a separately tried codefendant's appeal (People v Yarborough, 158 A.D.3d 430, 431 [1st Dept 2018], lv denied

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