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PEOPLE v. RODRIGUEZ

Ind. No. 1572/17. Appeal No. 14036. Case Nos. 2018-2404, 2018-02685.

195 A.D.3d 491 (2021)

145 N.Y.S.3d 340

2021 NY Slip Op 03669

The People of the State of New York, Respondent, v. Angel Rodriguez, Appellant.

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

Decided June 10, 2021.

Attorney(s) appearing for the Case

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

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

Concur— Manzanet-Daniels, J.P., Gische, Oing, 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 credibility determinations. Defendant's attacks on the testimony of the People's multiple witnesses are unpersuasive.

Defendant did not preserve his claim that the People improperly elicited and commented on his refusal to give...

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