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PEOPLE v. REYES

Ind. No. 2301/14. Appeal No. 12548. Case No. 2019-5657.

189 A.D.3d 454 (2020)

136 N.Y.S.3d 287

2020 NY Slip Op 07296

The People of the State of New York, Respondent, v. Eric Reyes, 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 ( Arielle Reid of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Julia L. Chariott of counsel), for respondent.

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

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 those relating to the victim's description of his medical condition over the period from the incident to the time of the trial.

The element of serious physical injury was established by evidence that the victim sustained a blowout fracture...

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