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PEOPLE v. ENCARNACION

Ind. No. 1115/14. Appeal No. 12183. Case No. 2017-255.

187 A.D.3d 647 (2020)

131 N.Y.S.3d 155

2020 NY Slip Op 06067

The People of the State of New York, Respondent, v. Manuel Encarnacion, Appellant.

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

Decided October 27, 2020.

The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342 [2007]). The jury could have reasonably concluded that there were satisfactory explanations for inconsistencies in the victim's testimony and the other factors cited by defendant as allegedly undermining her credibility.

Defendant's ineffective assistance of counsel claims are unreviewable on direct appeal because they involve matters...

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