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PEOPLE v. BARBER

Ind. No. 2295/17. Appeal No. 14983. Case No. 2019-05364.

201 A.D.3d 447 (2022)

156 N.Y.S.3d 744

2022 NY Slip Op 00061

The People of the State of New York, Respondent, v. Malik Barber, Appellant.

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

Decided January 6, 2022.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Megan D. Byrne of counsel), and White & Case LLP, New York (Isaac S. Glassman of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Nathan Shi of counsel), for respondent.

Concur—Kern, J.P., Mazzarelli, Gesmer, González, Higgitt, JJ.

The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 349 [2007]). There is no basis for disturbing the jury's determinations concerning credibility and the evaluation of expert testimony. An officer who was familiar with defendant's appearance and was part of a team specifically looking for defendant in connection with an unrelated crime recognized defendant, who fled and discarded a pistol...

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