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PEOPLE v. ACOSTA

61 A.D.3d 608 (2009)

876 N.Y.S.2d 868

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE ACOSTA, Appellant.

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

Decided April 30, 2009.

The verdict was based on legally sufficient evidence and 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. The victim's testimony clearly established the element of force.

Defendant was not prejudiced by the absence of a sanction for the People's nonproduction...

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