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PEOPLE v. BEHLIN

Ind. No. 2382/15. Appeal No. 14783. Case No. 2017-02374.

200 A.D.3d 474 (2021)

155 N.Y.S.3d 76

2021 NY Slip Op 06816

The People of the State of New York, Respondent, v. Rahbu Behlin, Appellant.

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

Decided December 7, 2021.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of The Appellate Defender, New York ( Katrina Jean Myers of counsel), for appellant.

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

Concur— Acosta, P.J., Gische, Webber, Friedman, Kennedy, JJ.

The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342 [2007]). There is no basis for disturbing the jury's credibility determinations. The evidence supports the conclusion that when defendant used force against a store employee, defendant was aware he was still in possession of stolen merchandise, and his intent was to overcome the employee's resistance to defendant's retention of that merchandise...

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