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PEOPLE v. THOMAS

2014-07791, Ind. No. 10477/12.

143 A.D.3d 922 (2016)

2016 NY Slip Op 06850

39 N.Y.S.3d 799

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

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

Decided October 19, 2016.

Ordered that the judgment is affirmed.

"Upon [a] defendant's request, the Appellate Division must conduct a weight of the evidence review" and, thus, "a defendant will be given one appellate review of adverse factual findings" (People v Danielson, 9 N.Y.3d 342, 348 [2007]). In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson,

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