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PEOPLE v. LINDSEY

Ind. No. 4748/17. Appeal No. 15405. Case No. 2018-5603.

203 A.D.3d 411 (2022)

160 N.Y.S.3d 589

2022 NY Slip Op 01275

The People of the State of New York, Respondent, v. Nevin Lindsey, Appellant.

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

Decided March 1, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Emilia King-Musza of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Sylvia Wertheimer , of counsel), for respondent.

Concur—Gische, J.P., Oing, Kennedy Mendez, Shulman, JJ.

Defendant, whose dismissal motion raised a different issue from the issues he raises on appeal, failed to preserve his legal sufficiency claim and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that 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...

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