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PEOPLE v. BALLO

Ind. No. 2991/16. Appeal No. 13085. Case No. 2018-2539.

191 A.D.3d 482 (2021)

138 N.Y.S.3d 511

2021 NY Slip Op 00810

The People of the State of New York, Respondent, v. Mardie Ballo, Appellant.

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

Decided February 9, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( David Crow of counsel), and Davis Polk & Wardwell LLP, New York ( Patrick W. Blakemore of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Nathan Brandon Shi of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, González, Shulman, JJ.

The evidence at trial indicated that defendant and a companion became involved in an altercation with the victim, the cashier at a delicatessen, and that in the course of the altercation, defendant's companion slashed the victim with a box cutter and struck him with a bat that he wrestled away from another delicatessen employee. The circumstances supported the inference that defendant was guilty of acting in concert in the attack...

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