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PEOPLE v. ELLIOT

Ind. No. 5605/13. Appeal No. 13697. Case No. 2018-5319.

193 A.D.3d 660 (2021)

143 N.Y.S.3d 189

2021 NY Slip Op 02614

The People of the State of New York, Respondent, v. Waldean Elliot, Appellant.

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

Decided April 29, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Harold V. Ferguson, Jr. of counsel), for appellant.

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

Concur—Webber, J.P., Singh, González, Shulman, JJ.

The verdict 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 rejection, after considering conflicting expert testimony, of defendant's insanity defense. Defendant did not prove by a preponderance of the evidence that he lacked substantial capacity to appreciate that his act of repeatedly stabbing...

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