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PEOPLE v. DAVEY

65 A.D.3d 936 (2009)

885 N.Y.S.2d 717

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID DAVEY, Appellant.

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

Decided September 22, 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 decision to credit the prosecution's case and discredit the defense case.

Defendant's challenges to the People's impeachment use of a statement for which CPL 710.30 notice had not been provided, including defendant's claim that the prosecutor exceeded the scope of the court...

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