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PEOPLE v. WHITE

Ind Nos. 1591/15, 1591/15. Appeal No. 12697-12697A. Case No. 2020-01636.

189 A.D.3d 634 (2020)

136 N.Y.S.3d 299

2020 NY Slip Op 07719

The People of the State of New York, Respondent, v. Derrick White, Appellant.

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

Decided December 22, 2020.

Attorney(s) appearing for the Case

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

Cyrus R. Vance, Jr. , District Attorney, New York ( Vincent Rivellese of counsel), for respondent.

Concur—Friedman, J.P., Renwick, Singh, Kennedy, 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 determinations concerning identification and credibility. Two eyewitnesses made reliable identifications of defendant as the assailant, and defendant's challenges to those identifications are unpersuasive. The failure of other witnesses...

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