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PEOPLE v. ROJAN

Ind. No. 3580/16. Appeal No. 14275. Case No. 2019-820.

198 A.D.3d 429 (2021)

152 N.Y.S.3d 308

2021 NY Slip Op 05308

The People of the State of New York, Respondent, v. Ryan Rojan, Appellant.

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

Decided October 5, 2021.

Attorney(s) appearing for the Case

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

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

Concur— Renwick, J.P., Gische, Kapnick, Kennedy, Shulman, JJ.

The verdict was supported by legally sufficient evidence and was not against the weight of the evidence (People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). There is no basis for disturbing the jury's credibility determinations. Defendant's conduct in waving a box cutter and pointing it at the victim while demanding money supports the conclusion that he threatened the use of a dangerous instrument and came dangerously close to committing...

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