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PEOPLE v. GRANT
Appellate Division of the Supreme Court of New York, Fourth Department.
Dec 27, 2000
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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