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PEOPLE v. GARCIA
Appellate Division of the Supreme Court of New York, First Department.
Apr 28, 2005
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The verdict was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility ( see People v. Gaimari, 176 NY 84, 94). The jury could have reasonably inferred that defendant entered the victim's apartment with intent to commit a crime, particularly since there was credible evidence that defendant began to beat the victim immediately after his unlawful entry.
We perceive no basis for reducing the sentence.
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