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PEOPLE v. DONNAY

Ind. No. 822/19. Appeal No. 16302. Case No. 2020-01521.

208 A.D.3d 1135 (2022)

174 N.Y.S.3d 577

2022 NY Slip Op 05378

The People of the State of New York, Respondent, v. Dominique Donnay, Appellant.

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

Decided September 29, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Ben A. Schatz of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Amanda Katherine Regan of counsel), for respondent.

Concur— Acosta, P.J., Mazzarelli, Gesmer, González, Pitt, 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. The jury could have reasonably inferred that defendant intended to deprive the victim of his phone permanently. The evidence showed, among other things, that defendant departed with the phone and demanded...

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