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People v. Garabo

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 27, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JOHN GARABO, DEFENDANT-APPELLANT.

Judgment, Supreme Court, Bronx County (Thomas A. Farber, J.), rendered November 13, 2006, convicting defendant, after a jury trial, of attempted assault in the first degree, and sentencing him to a term of 31/2 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Mazzarelli, Andrias, Saxe, DeGrasse, JJ.

28271C/05

The verdict was not against the weight of the evidence (People v Danielson, 9 NY3d 342, 348--349 [2007]). There is no basis for disturbing the jury's acceptance of the testimony of the victim and that of an officer to whom defendant made an incriminating statement, along with its rejection of defendant's testimony.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100427

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