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PEOPLE v. PEARSON

50 A.D.3d 298 (2008)

855 N.Y.S.2d 72

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ODELL PEARSON, Appellant.

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

Decided April 3, 2008.

The verdict was not against the weight of the evidence. To the extent that defendant is claiming that the evidence failed to disprove an agency defense, we note that defense counsel expressly waived that defense, and the court gave no such instruction to the jury; we are required to review the weight of the evidence in light of the court's charge (see People v Danielson, 9 N.Y.3d 342, 349 [2007]; People v Noble,

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