PEOPLE v. FULMER-SALVADOR

Ind. No. 580/13. Appeal No. 13660. Case No. 2018-4460.

193 A.D.3d 598 (2021)

142 N.Y.S.3d 795

2021 NY Slip Op 02468

The People of the State of New York, Respondent, v. Wellington Fulmer-Salvador, Also Known as Wellington Fullmore Salvadore, Appellant.

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

Decided April 22, 2021.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Mark W. Zeno of counsel), for appellant.

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

Concur—Acosta, P.J., Renwick, Singh, Moulton, JJ.


Defendant's legal sufficiency claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). We perceive no basis to disturb the jury's credibility determinations. Defendant's intent and his agreement with his coconspirators could be readily...

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