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PEOPLE v. DAVIS

54 A.D.3d 575 (2008)

863 N.Y.S.2d 212

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE DAVIS, Appellant.

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

September 9, 2008.

The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). The jury rejected defendant's testimony, in which he asserted an agency defense, and we find no basis for disturbing the jury's credibility determinations.

With respect to defendant's contention that Supreme Court erred in failing to submit to the jury the offense of criminal possession of a controlled substance...

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