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PEOPLE v. WILSON

276 A.D.2d 274 (2000)

713 N.Y.S.2d 866

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY WILSON, Also Known as GARY JOHNSON, Also Known as GARY HARRIS, Appellant.

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

Decided October 5, 2000.

The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility. There was ample evidence of intent to sell, and defendant's acquittal of the sale charge does not warrant a different conclusion (see, People v Rayam, 94 N.Y.2d 557).

The court properly exercised its discretion in denying defendant's mistrial motion after a testifying officer shook...

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