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PEOPLE v. PEREZ

Ind. No. 4211/08. Appeal No. 12756. Case No. 2019-4405.

190 A.D.3d 430 (2021)

139 N.Y.S.3d 61

2021 NY Slip Op 00031

The People of the State of New York, Respondent, v. Rafael Antonio Perez, Appellant.

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

Decided January 5, 2021.

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 ( Susan Gliner of counsel), for respondent.

Concur— Renwick, J.P., Gische, Kern, Oing, Mendez, 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 determinations concerning credibility and identification. The identification testimony from a surviving victim, who knew defendant since childhood, was extensively corroborated by circumstantial evidence. The evidence established defendant's guilt of both felony and depraved indifference...

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