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PEOPLE v. BITTROLFF

2016-07136. Ind. No. 155/15.

165 A.D.3d 690 (2018)

85 N.Y.S.3d 181

2018 NY Slip Op 06551

The People of the State of New York, Respondent, v. Timothy Bittrolff, Appellant.

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

Decided October 3, 2018.

Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).

In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 N.Y.3d 342, 348-349 [2007]), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the...

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