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PEOPLE v. FURINO

1715, 1960/10.

142 A.D.3d 871 (2016)

38 N.Y.S.3d 144

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK FURINO, Appellant.

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

Decided September 27, 2016.

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]). The evidence supports reasonable conclusions that defendant took merchandise from a store without paying for it, that he did so with larcenous intent, and that he used force for the purpose of retaining control of the property and not merely to defend himself (see e.g. People...

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