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PEOPLE v. SALADEEN

Ind. No. 3019/18. Appeal No. 13738. Case No. 2019-04871.

194 A.D.3d 426 (2021)

146 N.Y.S.3d 263

2021 NY Slip Op 02760

The People of the State of New York, Respondent, v. Elijah Saladeen, Appellant.

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

Rae Downes Koshetz , New York, for appellant.

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

Concur— Gische, J.P., Mazzarelli, Oing, González, JJ.

Except as indicated, the verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). The evidence supports the court's finding that defendant, an experienced police officer, lacked a reasonable ground to believe that it was necessary to punch the victim repeatedly to prevent the victim from biting him, both when the victim was rear-cuffed and lying face down on the floor of an apartment...

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