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PEOPLE v. DeBLASIO

Ind. No. 895/18. Appeal No. 12924. Case No. 2019-2099.

190 A.D.3d 595 (2021)

136 N.Y.S.3d 725

2021 NY Slip Op 00376

The People of the State of New York, Respondent, v. Philip DeBlasio, Appellant.

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

Decided January 21, 2021.

Attorney(s) appearing for the Case

Stephen Chu , Interim Attorney-in-Charge, Office of the Appellate Defender, New York ( Margaret E. Knight of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Beth Fisch Cohen of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Kapnick, Kern, Kennedy, JJ.

The evidence of defendant's "intent to intimidate or coerce a civilian population" (Penal Law § 490.20[1]) was legally insufficient to support the conviction (see People v Danielson, 9 N.Y.3d 342, 349 [2007]). We also find that the verdict was against the weight of the evidence in that respect (see id.).

At the end of an altercation, defendant, a Muslim, threatened to shoot "you guys," referring to several Bangladeshi...

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