Appellate Division of the Supreme Court of the State of New York December 30, 2008 (In re Omar W.)

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United States · · · 30-12-2008

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s determinations concerning credibility. The credible evidence disproved defendant’s justification defense beyond a reasonable doubt. Concur — Tom, J.P.

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