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PEOPLE v. KEYS

59 A.D.3d 183 (2009)

873 N.Y.S.2d 278

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN KEYS, Appellant.

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

Decided February 5, 2009.

The verdict 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 jury's determinations concerning credibility, including its evaluation of minor inconsistencies in testimony.

The court properly exercised its discretion in denying defendant's mistrial motion based on a summation remark by the prosecutor that allegedly shifted the burden of proof...

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