PEOPLE v. RODRIGUEZ


24 A.D.3d 394 (2005)

808 N.Y.S.2d 33

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KELVIN RODRIGUEZ, Appellant.

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

December 29, 2005.


The verdict was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility (see People v. Gaimari, 176 N.Y. 84, 94 [1903]). The evidence supports the jury's rejection of defendant's justification defense.

The court properly exercised its discretion in refusing to strike the victim's testimony after he asserted his Fifth Amendment privilege in response to a single question on cross-examination relating...

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