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PEOPLE v. THOMAS

2013-07278, Ind. No. 11-01255.

139 A.D.3d 764 (2016)

30 N.Y.S.3d 687

2016 NY Slip Op 03538

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ENGLISH THOMAS, Appellant.

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

Decided May 4, 2016.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the verdict on his convictions of murder in the second degree, assault in the first degree, and burglary in the first degree was based on legally insufficient evidence because the sole source of the People's proof of guilt was a witness whose testimony was incredible as a matter of law (see CPL 470.05 [2]; People v Gray, 86...

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