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PEOPLE v. KAREEM

Ind. Nos. 2368/17, 2368/17. Appeal No. 12917. Case No. 2019-1970.

190 A.D.3d 563 (2021)

136 N.Y.S.3d 709

2021 NY Slip Op 00265

The People of the State of New York, Respondent, v. Kevin Kareem, Appellant.

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

Decided January 19, 2021.

Attorney(s) appearing for the Case

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

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

Concur—Gische, J.P., Oing, Moulton, Mendez, JJ.

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 [2007]). There is no basis for disturbing the jury's credibility determinations, including as to the parties' medical experts. The evidence supports the conclusion that defendant stomped on the victim's head with a boot, which constituted a dangerous instrument under the circumstances of its...

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