PEOPLE v. ELEBY

8970 1350/09.

102 A.D.3d 459 (2013)

956 N.Y.S.2d 886

2013 NY Slip Op 120

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAINE ELEBY, Appellant.

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

Decided January 10, 2013.


We reject defendant's claim that the robbery verdict was 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 credibility determinations. The evidence supported the conclusion that defendant was still in possession of stolen merchandise at the time he violently struggled with two store security guards, and...

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