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PEOPLE v. GAINEY

Ind. No. 591/13. Appeal No. 14802. Case No. 2018-5168.

200 A.D.3d 497 (2021)

157 N.Y.S.3d 458

2021 NY Slip Op 06925

The People of the State of New York, Respondent, v. Carl Gainey, Appellant.

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

Decided December 9, 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 ( Grace Vee of counsel), for respondent.

Concur—Kapnick, J.P., Moulton, González, Rodriguez, Pitt, 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 determinations concerning credibility and identification. On the day of the robbery, the victim met defendant and spent hours drinking with him. During that time, the victim took cell phone photos of himself with defendant, which were received in evidence, and the victim consistently...

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