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PEOPLE v. BUSGITH

Ind. No. 1434/14, 1439/14. Appeal No. 12551. Case No. 2018-520.

189 A.D.3d 453 (2020)

135 N.Y.S.3d 113

2020 NY Slip Op 07294

The People of the State of New York, Respondent, v. Debbie Busgith, Appellant.

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

Decided December 3, 2020.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Jan Hoth of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Noah J. Chamoy of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Gesmer, Kern, Shulman, JJ.

The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348 [2007]). There is no basis for disturbing the jury's credibility determinations. A videotape of the incident, coupled with other evidence, supports the conclusion that defendant is the person who stabbed the victim. The physical injury element was met by the victim's substantial pain, which was established by, among other things, his...

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