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PEOPLE v. FASHAKIN

Ind. No. 88/17. Appeal No. 13839. Case No. 2018-2686.

194 A.D.3d 526 (2021)

143 N.Y.S.3d 872

2021 NY Slip Op 03122

The People of the State of New York, Respondent, v. Jacob Fashakin, Appellant.

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

Decided May 13, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Nicole P. Geoglis of counsel), for appellant.

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

Concur—Renwick, J.P., Manzanet-Daniels, Kennedy, 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 [2007]). Among other things, defendant's testimony to the grand jury about his whereabouts on the night of the alleged sale of forged tickets to two people was abundantly proven to be false by the victims' testimony and cell site location information recovered from a cell phone defendant was...

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