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PEOPLE v. ARIAS

557/10, 1562/12, 1724, 1563/12, 1723, 1722.

142 A.D.3d 874 (2016)

38 N.Y.S.3d 145

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERNANDO ARIAS, Appellant.

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

Decided September 27, 2016.

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 credibility determinations. The jury could reasonably have found that there was a satisfactory explanation for the fact that only one of several officers noticed the drugs at issue.

Defendant's ineffective assistance of counsel claim is unreviewable on direct appeal because...

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