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PEOPLE v. DAVIS

276 A.D.2d 278 (2000)

713 N.Y.S.2d 873

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES DAVIS, 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 and identification. The fact that defendant was acquitted of robbery does not warrant a contrary conclusion (see, People v Rayam, 94 N.Y.2d 557).

After defendant testified that his wife would not be testifying in his behalf because she...

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