Appellate Division of the Supreme Court of the State of New York October 18, 2012 (People v. O'Toole)

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United States · · · 18-10-2012

*586The verdict 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 credibility determinations. We do not find the victim’s account of the incident to be implausible. Moreover, her testimony was consistent with the officer’s observations of the victim’s demeanor, made shortly after the incident.

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