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PEOPLE v. ARTHUR

56 A.D.3d 361 (2008)

867 N.Y.S.2d 330

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FABIAN ARTHUR, Appellant.

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

Decided November 20, 2008.

The court's verdict, finding that defendant failed to meet his burden of establishing by a preponderance of the evidence that he had acted under the influence of extreme emotional disturbance (see Penal Law § 125.25 [1] [a]), was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). There is no basis for disturbing the court's credibility determinations and its evaluation of conflicting...

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