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PEOPLE v. MYERS

Ind. No. 2255/15. Appeal No. 13343. Case No. 2018-03054.

194 A.D.3d 431 (2021)

146 N.Y.S.3d 626

2021 NY Slip Op 02766

The People of the State of New York, Respondent, v. Tyrell Myers, Appellant.

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Anjali Pathmanathan of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Samuel Z. Goldfine of counsel), for respondent.

Concur— Renwick, J.P., Kapnick, Oing, Moulton, 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 credibility determinations, including its resolution of minor inconsistencies in testimony. Immediately after undercover officers saw defendant place a bag behind a bench, other officers arrested defendant, who was sitting on the bench, for a drug sale. One of these officers looked...

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