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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES TROTTER, Appellant.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility ( see People v. Gaimari, 176 NY 84, 94). The court reasonably could have concluded that defendant used force for the purpose of simultaneously retaining the shoplifted property and fleeing from the store ( see e.g. People v. Onorati, 15 AD3d 216). The record fails to support defendant's assertion that the store detective gave contradictory testimony as to the sequence of events.

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PEOPLE v. TROTTER
(Dec 1, 2005)