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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BARBARA SIMPKINS, DEFENDANT-APPELLANT.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court's determinations concerning credibility (see, People v. Gaimari, 176 N.Y. 84, 94). The credible evidence, including evidence that defendant acted as the initial aggressor, and that defendant stabbed the adult victim in the back and provided beer to the child victim, clearly established the elements of each of the crimes of which defendant was convicted and disproved defendant's justification defense.

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PEOPLE v. SIMPKINS
(Jun 14, 2001)