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PEOPLE v. THOMAS

Ind. No. 5030/16. Appeal No. 12996. Case No. 2019-4516.

203 A.D.3d 634 (2022)

165 N.Y.S.3d 531

2022 NY Slip Op 02096

The People of the State of New York, Respondent, v. Anthony Thomas, Appellant.

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

Decided March 29, 2022.

Attorney(s) appearing for the Case

The Legal Aid Society, New York (Janet E. Sabel of counsel), and Gibson, Dunn & Crutcher LLP, New York (Shane Baumgardner of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (John T. Hughes of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Kennedy, Mendez, JJ.

We previously held this appeal in abeyance pending a hearing on defendant's CPL 330.30(2) motion to set aside the verdict on the ground of alleged misconduct by a juror (190 A.D.3d 652 [1st Dept 2021]). After the hearing, the court properly denied the motion. There is no basis to disturb the court's credibility determinations which are "entitled to great deference" (People v Pizarro, 24 A.D.3d 309

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