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PEOPLE v. CASTIORE

279 A.D.2d 307 (2001)

718 N.Y.S.2d 833

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE CASTIORE, Appellant.

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

Decided January 11, 2001.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning identification and credibility.

Defendant's argument that the Allen charge (Allen v United States, 164 U.S. 492) was coercive is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that...

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