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PEOPLE v. RIZZO

Ind. No. 1017/18. Appeal No. 15069. Case No. 2019-5179.

201 A.D.3d 524 (2022)

157 N.Y.S.3d 376

2022 NY Slip Op 00276

The People of the State of New York, Respondent, v. James Rizzo, Appellant.

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

Decided January 18, 2022.

Attorney(s) appearing for the Case

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

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

Concur— Renwick, J.P., Webber, Oing, Scarpulla, Pitt, JJ.

The verdict, which rejected defendant's intoxication defense, 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 was convicted of two burglaries, based on shoplifting incidents on different days in a store from which he had been barred by way of a trespass notice. There was ample evidence to refute defendant...

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