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PEOPLE v. BATES

Ind. No. 3453/15, Appeal No. 16172, Case No. 2016-02376.

206 A.D.3d 540 (2022)

168 N.Y.S.3d 813

2022 NY Slip Op 04103

The People of the State of New York, Respondent, v. Douglas Bates, Appellant.

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

Decided June 23, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Elizabeth M. Vasily of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Abigail H. Rinard of counsel), for respondent.

Concur—Renwick, J.P., Kern, Kennedy, Mendez, Higgitt, JJ.

The verdict was based on legally sufficient evidence and 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, and the jury's mixed verdict does not warrant a different conclusion (see People v Rayam, 94 N.Y.2d 557 [2000]). The lack of consent element was satisfied by the...

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