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PEOPLE v. HEADLEY

Ind. No. 4853N/15. Appeal No. 15643. Case No. 2019-2477.

204 A.D.3d 417 (2022)

163 N.Y.S.3d 814

2022 NY Slip Op 02234

The People of the State of New York, Respondent, v. Milton Headley, Appellant.

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

Decided April 5, 2022.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Alba Morales of counsel) and Orrick, Herrington & Sutcliffe LLP, New York ( Alyssa Barnard-Yanni , of counsel) for appellant.

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

Concur—Gische, J.P., Moulton, Scarpulla, Shulman, Pitt, JJ.

Defendant's conspiracy conviction was supported by legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). Defendant's argument that he was merely present in the front passenger seat of a car that was also occupied by the primary conspirator is unavailing. In what was actually a police sting operation, this car...

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