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PEOPLE v. OLAVARRIA

Ind. No. 3560/15. Appeal No. 13360. Case No. 2019-5259.

192 A.D.3d 520 (2021)

140 N.Y.S.3d 417

2021 NY Slip Op 01520

The People of the State of New York, Respondent, v. Saul Olavarria, Appellant.

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

Decided March 16, 2021.

Attorney(s) appearing for the Case

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

Darcel D. Clark , District Attorney, Bronx ( Matthew B. White of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Mazzarelli, Mendez, Shulman, 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, 348-349 [2007]). There is no basis for disturbing the jury's credibility determinations. Although no witness could identify the robber, whose face was concealed during the robbery, store employees pursued and apprehended defendant, who was in possession of the money taken in the robbery and the...

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