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PEOPLE v. SMITH

2014-04859, Ind. No. 2101/12.

142 A.D.3d 1027 (2016)

37 N.Y.S.3d 442

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN SMITH III, Appellant.

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

Decided September 14, 2016.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620 [1983]), we find that it was legally sufficient to establish the defendant's identity as the shooter beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (...

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