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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. TAURE GRANT, DEFENDANT-APPELLANT.

Appeal from judgment insofar as it imposed sentence unanimously dismissed and judgment affirmed.

Memorandum:

We reject defendant `s contention that the verdict is contrary to the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). "Although defendant presented an alibi defense, the conflicting testimony merely raised issues of credibility, which are best determined by the trier of fact" ( People v. Melendez , 213 A.D.2d 1037). Because defendant has served his sentence, his challenge to the severity of the sentence is moot ( see, People v. Dukes, 156 A.D.2d 959, 960, lv denied 75 N.Y.2d 918).

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PEOPLE v. GRANT
(Dec 27, 2000)